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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68 sections with “TCO”: the first 40

  • FAR 49.104 Duties of prime contractor after receipt of notice of termination.
    …he notice and the termination clause of the contract, except as otherwise directed by the TCO. The notice and clause applicable to convenience terminations generally require that the contractor— (a) Stop work immediately on the terminated …
  • FAR 49.105-2 Release of excess funds.
    (a) The TCO shall estimate the funds required to settle the termination, and within 30 days after the receipt of the termination notice, recommend the release of excess funds to the contracting officer. The initial deobligation of excess fu…
  • FAR 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    (a) The TCO shall refer each prime contractor settlement proposal valued at or above the threshold for obtaining certified cost or pricing data set forth in FAR 15.403-4(a)(1) to the appropriate audit agency for review and recommendations. …
  • FAR 49.108-3 Settlement procedure.
    …rmination of any subcontract (but see 49.108-5). (b) Except as provided in 49.108-4, the TCO shall require that— (1) All subcontractor termination inventory be disposed of and accounted for in accordance with the procedures contained in p…
  • FAR 49.108-4 Authorization for subcontract settlements without approval or ratification.
    (a)(1) The TCO may, upon written request, give written authorization to the prime contractor to conclude settlements of subcontracts terminated in whole or in part without approval or ratification when the amount of settlement (see 49.002(d…
  • FAR 49.109-7 Settlement by determination.
    (a) General. If the contractor and TCO cannot agree on a termination settlement, or if a settlement proposal is not submitted within the period required by the termination clause, the TCO shall issue a determination of the amount due consis…
  • FAR 49.112-1 Partial payments.
    … the contract. In exercising discretion on the extent of partial payments to be made, the TCO shall consider the diligence of the contractor in settling with subcontractors and in preparing its own settlement proposal. (b) Amount of partia…
  • FAR 49.115 Settlement of terminated incentive contracts.
    (a) Fixed-price incentive contracts. The TCO shall settle terminated fixed-price incentive (FPI) contracts under the provisions of paragraph (j) of the clause at 52.216-16, Incentive Price Revision—Firm Target, and 52.249-2, Termination for…
  • FAR 49.206-1 Submission of settlement proposals.
    …to the provisions of the termination clause, the contractor should promptly submit to the TCO a settlement proposal for the amount claimed because of the termination. The final settlement proposal must be submitted within one year from the …
  • DFARS 249.7000 Terminated contracts with Canadian Commercial Corporation.
    …ntain the amount of settlements with subcontractors. The termination contracting officer (TCO) shall prepare an appropriate settlement agreement. (See FAR 49.603.) The letter transmitting a settlement proposal must certify— (1) That dispos…
  • FAR 2.101 Definitions.
    …rather than any practical application of that knowledge. Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. Bid sample means …
  • FAR 49.105 Duties of termination contracting officer after issuance of notice of termination.
    (a) Consistent with the termination clause and the notice of termination, the TCO shall— (1) Direct the action required of the prime contractor; (2) Examine the settlement proposal of the prime contractor and, when appropriate, the settle…
  • FAR 49.108-8 Assignment of rights under subcontracts.
    …rm clauses, obligate the prime contractor to assign to the Government, as directed by the TCO, all rights, titles, and interest under any subcontract terminated because of termination of the prime contract. The TCO shall not require the ass…
  • FAR 49.110 Settlement negotiation memorandum.
    (a) The TCO shall, at the conclusion of negotiations, prepare a settlement negotiation memorandum describing the principal elements of the settlement for inclusion in the termination case file and for use by reviewing authorities. Pricing a…
  • FAR 49.101 Authorities and responsibilities.
    … contracting officer issues a notice of termination, the termination contracting officer (TCO) is responsible for negotiating any settlement with the contractor, including a no-cost settlement if appropriate. Auditors and TCO's shall prompt…
  • FAR 49.103 Methods of settlement.
    …ted for convenience may be effected by (a) negotiated agreement, (b) determination by the TCO, (c) costing-out under vouchers using SF 1034, Public Voucher for Purchases and Services Other Than Personal, for cost-reimbursement contracts (as…
  • FAR 49.108-5 Recognition of judgments and arbitration awards.
    (a) When a subcontractor obtains a final judgment against a prime contractor, the TCO shall, for the purposes of settling the prime contract, treat the amount of the judgment as a cost of settling with the contractor, to the extent the judg…
  • FAR 49.109-5 Partial settlements.
    The TCO should attempt to settle in one agreement all rights and liabilities of the parties under the contract except those arising from any continued portion of the contract. Generally, the TCO shall not attempt to make partial settlements…
  • FAR 49.114 Unsettled contract changes.
    (a) Before settlement of a completely terminated contract, the TCO shall obtain from the contracting office a list of all related unsettled contract changes. The TCO shall settle, as part of final settlement, all unsettled contract changes …
  • FAR 49.203 Adjustment for loss.
    (a) In the negotiation or determination of any settlement, the TCO shall not allow profit if it appears that the contractor would have incurred a loss had the entire contract been completed. The TCO shall negotiate or determine the amount o…
  • FAR 49.208 Equitable adjustment after partial termination.
    …adjustment in the price or prices of the continued portion of a fixed-price contract. The TCO shall forward the proposal to the contracting officer except when negotiation authority is delegated to the TCO. The contractor shall submit the p…
  • FAR 49.303-1 Submission of settlement proposal.
    …submit a final settlement proposal covering unvouchered costs and any proposed fee to the TCO within 1 year from the effective date of termination, unless the period is extended by the TCO. The contractor shall use the form prescribed in 49…
  • FAR 31.205-22 Lobbying and political activity costs.
    …ssociated with the following activities are unallowable: (1) Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions, endorsements, pu…
  • FAR 49.105-1 Termination status reports.
    When the TCO and contracting officer are in different activities, the TCO will furnish periodic status reports on termination actions to the contracting office upon request. The contracting office shall specify the information required.
  • FAR 49.106 Fraud or other criminal conduct.
    If the TCO suspects fraud or other criminal conduct related to the settlement of a terminated contract, the TCO shall discontinue negotiations and report the facts under agency procedures.
  • FAR 49.108-2 Prime contractor's rights and obligations.
    …eipt of a termination notice the prime contractor shall, unless directed otherwise by the TCO, terminate all subcontracts to the extent that they relate to the performance of prime work terminated. Therefore, prime contractors should includ…
  • FAR 49.108-6 Delay in settling subcontractor settlement proposals.
    …inability to settle with a subcontractor delays the settlement of the prime contract, the TCO may settle with the prime contractor. The TCO shall except the subcontractor settlement proposal from the settlement in whole or part and reserve …
  • FAR 49.109-3 Government property.
    Before execution of a settlement agreement, the TCO shall determine the accuracy of the Government property account for the terminated contract. If an audit discloses property for which the contractor cannot account, the TCO shall reserve i…
  • FAR 49.109-6 Joint settlement of two or more settlement proposals.
    (a) With the consent of the contractor, the TCO or TCO's concerned may negotiate jointly two or more termination settlement proposals of the same contractor under different contracts, even though the contracts are with different contracting…
  • FAR 49.202 Profit.
    (a) The TCO shall allow profit on preparations made and work done by the contractor for the terminated portion of the contract but not on the settlement expenses. Anticipatory profits and consequential damages shall not be allowed (but see …
  • FAR 49.204 Deductions.
    From the amount payable to the contractor under a settlement, the TCO shall deduct— (a) The agreed price for any part of the termination inventory purchased or retained by the contractor, and the proceeds from any materials sold that have …
  • FAR 49.206-3 Submission of inventory disposal schedules.
    …ory is involved, the contractor shall submit complete inventory disposal schedules to the TCO reflecting inventory that is allocable to the terminated portion of the contract. The inventory disposal schedules shall be submitted within 120 d…
  • FAR 49.302 Discontinuance of vouchers.
    …propriately certified. The contractor must submit a substantiated proposal for fee to the TCO within 1 year from the effective date of termination, unless the period is extended by the TCO. When the use of vouchers is discontinued, the cont…
  • FAR 49.303-2 Submission of inventory disposal schedules.
    …ory is involved, the contractor shall submit complete inventory disposal schedules to the TCO reflecting inventory that is allocable to the terminated portion of the contract. The inventory disposal schedules shall be submitted within 120 d…
  • FAR 49.303-5 Final settlement.
    (a) The TCO shall proceed with the settlement and execution of a settlement agreement upon receipt of the audit report, if applicable, and the contract audit closing statement covering vouchered costs. (b) The TCO shall adjust the fee as p…
  • FAR 49.304-1 General.
    (a) In a partial termination, the TCO shall limit the settlement to an adjustment of the fee, if any, and with the concurrence of the contracting office, to a reduction in the estimated cost. The TCO shall adjust the fee as provided in 49.3…
  • FAR 49.304-2 Submission of settlement proposal (fee only).
    …d reduction in the amount of fee. The final settlement proposal shall be submitted to the TCO within one year from the effective date of termination, unless the period is extended by the TCO. The proposal may be submitted in the form prescr…
  • FAR 49.305-1 General.
    (a) The TCO shall determine the adjusted fee to be paid, if any, in the manner provided by the contract. The determination is generally based on a percentage of completion of the contract or of the terminated portion. When this basis is use…
  • FAR 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
    …Content for EPA-Designated Items (MAY 2008) (a) Definitions. As used in this clause— Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having compl…
  • FAR 3.104-1 Definitions.
    …eral issue. Participation may be substantial even though it is not determinative of the outcome of a particular matter. A finding of substantiality should be based not only on the effort devoted to a matter, but on the importance of the eff…

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.