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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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33 sections with “beyond the control and without the fault or negligence of the Contractor”

  • FAR 52.247-22 Contractor Liability for Loss of and/or Damage to Freight Other Than Household Goods.
    …ther Than Household Goods (APR 1984) Except when loss and/or damage arises out of causes beyond the control and without the fault or negligence of the Contractor, the Contractor shall assume full liability for any and all goods lost and/or…
  • FAR 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    …e Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government i…
  • FAR 52.216-3 Economic Price Adjustment—Semistandard Supplies.
    …pecifications and with any contract requirements for preservation, packaging, and packing beyond standard commercial practice. (b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrea…
  • FAR 52.249-8 Default (Fixed-Price Supply and Service).
    … be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) …
  • FAR 52.249-9 Default (Fixed-Price Research and Development).
    … be liable for any excess costs if the failure to perform the contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) …
  • FAR 52.216-2 Economic Price Adjustment—Standard Supplies.
    …of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term established price means a price that (1) is an established catalog or market price for a commercial prod…
  • FAR 52.249-10 Default (Fixed-Price Construction).
    …r this clause, if— (1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (i) acts of God or of the public enemy, (ii)…
  • DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.
    …any costs associated with such treatment or transportation. (iii) Medical or dental care beyond this standard is not authorized. (3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated lett…
  • FAR 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development.
    … will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contr…
  • FAR 52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods.
    …age to Household Goods (JAN 1991) (a) Except when loss and/or damage arise out of causes beyond the control and without the fault or negligence of the Contractor, the Contractor shall be liable to the owner for the loss of and/or damage to…
  • DFARS 252.216-7001 Economic Price Adjustment-Nonstandard Steel Items.
    …f the Contractor's failure to make delivery of any required quantity arises out of causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the clause of this contract entitled “Default,” the qu…
  • FAR 52.249-14 Excusable Delays.
    …of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of these causes are (1) acts of God or of the public enemy, (2) act…
  • DFARS 252.217-7009 Default.
    …not be liable for any excess costs if failure to perform the job order arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of God or of the public enemy, acts of …
  • FAR 22.101-2 Contract pricing and administration.
    … subcontractor could not reasonably prevent can be excused; however, it cannot be excused beyond the point at which a reasonably diligent contractor or subcontractor could have acted to end the strike by actions such as— (1) Filing a charg…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …e Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government i…
  • FAR 52.216-4 Economic Price Adjustment—Labor and Material.
    …or's failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor's control and without its fault or negligence, within the meaning of the Default clause. (3) There shall be no adjustment for a…
  • FAR 52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.
    …ficer or determines that the deficiencies relating to delivered data, arose out of causes beyond the control of the Contractor and without the fault or negligence of the Contractor. (3) The withholding of any reserve under this clause, or …
  • DFARS 252.216-7000 Economic Price Adjustment—Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products.
    …ny part of the price which reflects requirements for preservation, packaging, and packing beyond standard commercial practice. (b) As represented by the Contractor in its offer, the unit price stated for ________________ (Identify the item…
  • DFARS 252.239-7011 Special construction and equipment charges.
    …part of the recurring charges; and (3) The need for replacement was due to circumstances beyond the control and without the fault of the Contractor. (g) Before incurring any costs under paragraph (f) of this clause, the Government shall h…
  • FAR 22.103-4 Approvals.
    …essary to— (1) Meet essential delivery or performance schedules; (2) Make up for delays beyond the control and without the fault or negligence of the contractor; or (3) Eliminate foreseeable extended production bottlenecks that cannot be…
  • FAR 49.401 General.
    …was not in default or that the failure to perform is excusable; i.e., arose out of causes beyond the control and without the fault or negligence of the contractor, the default clauses prescribed in 49.503 and located at 52.249 provide that …
  • FAR 52.216-10 Incentive Fee.
    … (i) Any of the causes covered by the Excusable Delays clause to the extent that they are beyond the control and without the fault or negligence of the Contractor or any subcontractor; (ii) The taking effect, after negotiating the target c…
  • FAR 52.249-6 Termination (Cost-Reimbursement).
    …t the Contractor's failure to perform or to make progress in performance is due to causes beyond the control and without the fault or negligence of the Contractor as set forth in the Excusable Delays clause, the rights and obligations of th…
  • DFARS 252.227-7030 Technical data—withholding of payment.
    …to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the Contractor. (b) The withholding of any amount or subsequent payment to the Contractor s…
  • DFARS 252.236-7005 Airfield safety precautions.
    …ce is 2,000 feet (1,000 feet on each side of the runway centerline); (ii) The clear zone beyond the ends of each runway, i.e., the extension of the primary surface for a distance of 1,000 feet beyond each end of each runway; (iii) All tax…
  • FAR 31.205-6 Compensation for personal services.
    …) Increased pension costs are unallowable if the increase is caused by a delay in funding beyond 30 days after each quarter of the year to which they are assignable. If a composite rate is used for allocating pension costs between the segme…
  • FAR 2.101 Definitions.
    … and (3) The FFRDC has access to Government and supplier data, employees, and facilities beyond that common in a normal contractual relationship. Final indirect cost rate means the indirect cost rate established and agreed upon by the Gov…
  • FAR 14.402-3 Postponement of openings.
    …the mails, or in the communications system specified for transmission of bids, for causes beyond their control and without their fault or negligence (e.g., flood, fire, accident, weather conditions, strikes, or Government equipment blackout…
  • FAR 16.402-3 Delivery incentives.
    … of the reward-penalty structure in the event of Government-caused delays or other delays beyond the control, and without the fault or negligence, of the contractor or subcontractor.
  • FAR 45.101 Definitions.
    …ruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair. Material means property that may be consumed or expended during the performance of a contract, component parts of a higher …
  • FAR 49.607 Delinquency notices.
    …tter, it will be necessary to determine whether your failure to perform arose from causes beyond your control and without fault or negligence on your part. Accordingly, you are given the opportunity to present, in writing, any facts bearing…
  • FAR 52.245-1 Government Property.
    …ruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair. Material means property that may be consumed or expended during the performance of a contract, component parts of a higher …
  • DFARS 209.570-2 Policy.
    …in the acquisition of a major system only if— (1) The major system has not yet proceeded beyond low-rate initial production; or (2) The Secretary of Defense determines in writing that it would not be practicable to carry out the acquisiti…

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.