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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13 sections with “Penalties for Unallowable Costs”

  • FAR 52.242-3 Penalties for Unallowable Costs.
    As prescribed in 42.709-7, use the following clause: Penalties for Unallowable Costs (DEC 2022) (a) Definition. Proposal, as used in this clause, means either— (1) A final indirect cost rate proposal submitted by the Contractor after the…
  • FAR 42.709 Penalties for Unallowable Costs.
  • FAR 31.110 Indirect cost rate certification and penalties on unallowable costs.
    …tion. (b) If unallowable costs are included in final indirect cost settlement proposals, penalties may be assessed. See 42.709 for administrative procedures regarding the penalty assessment provisions and the related contract clause prescr…
  • FAR 42.703-2 Certificate of indirect costs.
    …tion when a contractor's certificate of final indirect costs is thought to be false. (e) Penalties for unallowable costs. 10 U.S.C. 3743 and 41 U.S.C. 4303 prescribe penalties for submission of unallowable costs in final indirect cost rate…
  • FAR 31.205-15 Fines, penalties, and mischarging costs.
    (a) Costs of fines and penalties resulting from violations of, or failure of the contractor to comply with, Federal, State, local, or foreign laws and regulations, are unallowable except when incurred as a result of compliance with specific…
  • FAR 31.205-41 Taxes.
    …re paid or accrued in accordance with generally accepted accounting principles. Fines and penalties are not considered taxes. (2) Taxes otherwise allowable under subparagraph (a)(1) above, but upon which a claim of illegality or erroneous …
  • FAR 42.709-2 General.
    (a) The following penalties apply to contracts covered by this section: (1) If the indirect cost is expressly unallowable under a cost principle in the FAR, or an executive agency supplement to the FAR, that defines the allowability of spe…
  • FAR 42.709-3 Responsibilities.
    (a) The cognizant contracting officer is responsible for— (1) Determining whether the penalties in 42.709-2(a) should be assessed; (2) Determining whether such penalties should be waived pursuant to 42.709-6; and (3) Referring the matter…
  • FAR 42.709-7 Contract clause.
    Use the clause at 52.242-3, Penalties for Unallowable Costs, in all solicitations and contracts over $1 million except fixed-price contracts without cost incentives or any firm-fixed-price contract for the purchase of commercial products or…
  • FAR 42.709-6 Waiver of the penalty.
    The cognizant contracting officer shall waive the penalties at 42.709-2(a) when— (a) The contractor withdraws the proposal before the Government formally initiates an audit of the proposal and the contractor submits a revised proposal (an …
  • FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions.
    …ontracting Officer within 30 days an updated disclosure using OMB Standard Form LLL. (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be fi…
  • FAR 31.603 Requirements.
    …imilar proceeding (including filing of a false certification). (4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, state, local, or foreign laws and regulations, except when incurred as a r…
  • FAR 42.709-1 Scope.
    …a) This section implements 10 U.S.C. 3743 and 41 U.S.C. 4303. It covers the assessment of penalties against contractors which include unallowable indirect costs in— (1) Final indirect cost rate proposals; or (2) The final statement of cos…

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.