SpendQueryBeta

FAR and DFARS › FAR Part 8: Required Sources of Supplies and Services › Subpart 8.4

FAR 8.406-3 Remedies for nonconformance.

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 section explains what happens when a contractor delivers supplies or services that do not meet the order requirements, or fails to perform an order. The ordering activity must follow the contract's inspection and acceptance clause, and may terminate the order for cause or set a new delivery date. It matters because it tells contractors the consequences of nonconforming or failed performance.

Applies to: Contractors performing orders under Federal Supply Schedules

Key terms: nonconformance · ordering activity · inspection and acceptance clause · terminate for cause · consideration

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

The text

(a) If a contractor delivers a supply or service, but it does not conform to the order requirements, the ordering activity shall take appropriate action in accordance with the inspection and acceptance clause of the contract, as supplemented by the order.

(b) If the contractor fails to perform an order, or take appropriate corrective action, the ordering activity may terminate the order for cause or modify the order to establish a new delivery date (after obtaining consideration, as appropriate). Ordering activities shall follow the procedures at 8.406-4 when terminating an order for cause.

Sections it refers to

← 8.406-2 Inspection and acceptance. · 8.406-4 Termination for cause. →

Rule changes for FAR Part 8

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

FAR 8.406-3 Remedies for nonconformance · SpendQuery