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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.236-11 Use and Possession Prior to Completion.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause allows the Government to take possession of or use completed or partially completed work before the contract is finished. The Contracting Officer must provide a list of remaining work items, but failure to list an item does not relieve the Contractor of responsibility. The Government's use is not acceptance, and the Contractor is relieved of liability for loss or damage caused by that use, with possible equitable adjustment for delays or extra costs.

Applies to: Government contracts that include this clause, as prescribed in FAR 36.511

What it requires

  • The Contracting Officer shall furnish a list of items of work remaining to be performed or corrected before taking possession or using any work.
  • The Contractor remains responsible for complying with the contract terms even if the Contracting Officer fails to list an item of work.
  • If Government possession or use delays progress or causes additional expense, an equitable adjustment shall be made in the contract price or time of completion, and the contract shall be modified in writing.

Key terms: Government · Contracting Officer · Contractor · equitable adjustment · Permits and Responsibilities

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed in 36.511, insert the following clause:

Use and Possession Prior to Completion (APR 1984)

(a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled Permits and Responsibilities. If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly.

(End of clause)

Sections it refers to

  • 36.511 Use and possession prior to completion.

Sections that refer to it

  • 36.511 Use and possession prior to completion.

← 52.236-10 Operations and Storage Areas. · 52.236-12 Cleaning Up. →

Rule changes for FAR Part 52

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 52.236-11 Use and Possession Prior to Completion · SpendQuery