48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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15 sections with “Failure to make a good faith effort”

  • FAR 19.705-7 Compliance with the subcontracting plan.
    …ntractor failed to meet its subcontracting goals does not, in and of itself, constitute a failure to make a good faith effort (see 19.701). For example, notwithstanding a contractor's diligent effort to identify and solicit offers from any …
  • FAR 52.219-16 Liquidated Damages—Subcontracting Plan.
    …(2), insert the following clause: Liquidated Damages—Subcontracting Plan (SEP 2021) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or intentional failure to perform …
  • DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program).
    …l business subcontracting program reporting. The eSRS is located at http://www.esrs.gov. Failure to make a good faith effort to comply with a comprehensive subcontracting plan means a willful or intentional failure to perform in accordance…
  • FAR 19.702 Statutory requirements.
    …erial breach of its contract. Further, 15 U.S.C. 637(d)(4)(F) directs that a contractor's failure to make a good faith effort to comply with the requirements of the subcontracting plan shall result in the imposition of liquidated damages. …
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …ties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating …
  • DFARS 219.702-70 Statutory requirements for the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.
    … goal(s), the contracting officer shall give the contractor written notice specifying the failure, advising of the potential for assessment of liquidated damages, permitting the contractor to demonstrate what good faith efforts have been ma…
  • FAR 9.406-2 Causes for debarment.
    …ernment contract or subcontract so serious as to justify debarment, such as— (A) Willful failure to perform in accordance with the terms of one or more contracts; or (B) A history of failure to perform, or of unsatisfactory performance of…
  • FAR 19.701 Definitions.
    …twide, electronic, web-based system for small business subcontracting program reporting. Failure to make a good faith effort to comply with the subcontracting plan means willful or intentional failure to perform in accordance with the requ…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …ontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract. (2)(i) Unless the Contractor has r…
  • FAR 52.222-27 Affirmative Action Compliance Requirements for Construction.
    …ors toward a goal in an approved plan does not excuse any Contractor's or subcontractor's failure to make good-faith efforts to achieve the plan's goals. (d) The Contractor shall implement the affirmative action procedures in subparagraphs…
  • FAR 52.245-1 Government Property.
    …d adequate property management practices or the loss did not result from the Contractor's failure to maintain adequate property management practices, the Contractor shall not be held liable. (2) The Contractor shall take all reasonable act…
  • DFARS § 215.305 215.305 Proposal evaluation.
    …g with requirements of that clause. (B) Contracting officers shall consider an offeror's failure to make a good faith effort to comply with its comprehensive subcontracting plan under the Test Program described at 219.702-70 as part of the…
  • FAR 9.407-2 Causes for suspension.
    …erty; (4) Violations of 41 U.S.C. chapter 81, Drug-Free Workplace, as indicated by— (i) Failure to comply with the requirements of the clause at 52.226-7, Drug-Free Workplace; or (ii) Such a number of contractor employees convicted of vi…
  • DFARS 228.370-2 General.
    …e following: (A) Lack of adequate hangar fire suppression or firefighting vehicles; (B) Failure to provide adequate procedures to the GFR; or (C) Systemic failure to comply with approved procedures. (ii) The preliminary notice of revoca…
  • FAR 52.226-7 Drug-Free Workplace.
    …ontract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 26.505, render the Contractor subject to suspensio…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.