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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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79 sections with “default termination”: the first 40

  • FAR 49.402-2 Effect of termination for default.
    (a) Under a termination for default, the Government is not liable for the contractor's costs on undelivered work and is entitled to the repayment of advance and progress payments, if any, applicable to that work. The Government may elect, u…
  • FAR 49.403 Termination of cost-reimbursement contracts for default.
    (a) The right to terminate a cost-reimbursement contract for default is provided for in the Termination for Default or for Convenience of the Government clause at 52.249-6. A 10-day notice to the contractor before termination for default is…
  • FAR 49.402-3 Procedure for default.
    (a) When a default termination is being considered, the Government shall decide which type of termination action to take (i.e., default, convenience, or no-cost cancellation) only after review by contracting and technical personnel, and by …
  • DFARS 252.237-7007 Termination for default.
    As prescribed in 237.7003(a) and (a)(5), use the following clause: Termination for Default (DEC 1991) (a) This clause supplements and is in addition to the Default clause of this contract. (b) The Contracting Officer may terminate this c…
  • FAR 49.504 Termination of fixed-price contracts for default.
    …a)(1) Supplies and services. The contracting officer shall insert the clause at 52.249-8, Default (Fixed-Price Supply and Service), in solicitations and contracts when a fixed-price contract is contemplated and the contract amount is expect…
  • FAR 52.249-6 Termination (Cost-Reimbursement).
    …cer determines that a termination is in the Government's interest; or (2) The Contractor defaults in performing this contract and fails to cure the default within 10 days (unless extended by the Contracting Officer) after receiving a notic…
  • FAR 52.249-8 Default (Fixed-Price Supply and Service).
    As prescribed in 49.504(a)(1), insert the following clause: Default (Fixed-Price Supply and Service) (APR 1984) (a)(1) The Government may, subject to paragraphs (c) and (d) below, by written notice of default to the Contractor, terminate …
  • FAR 52.249-9 Default (Fixed-Price Research and Development).
    As prescribed in 49.504(b), insert the following clause: Default (Fixed-Price Research and Development) (APR 1984) (a)(1) The Government may, subject to paragraphs (c) and (d) below, by written Notice of Default to the Contractor, termina…
  • DFARS 252.217-7009 Default.
    As prescribed in 217.7104(a), use the following clause: Default (DEC 1991) (a) The Government may, subject to the provisions of paragraph (b) of this clause, by written notice of default to the Contractor, terminate the whole or any part …
  • FAR 22.1023 Termination for default.
    …elated to the Service Contract Labor Standards statute may be grounds for termination for default (see paragraph (k) of the clause at 52.222-41, Service Contract Labor Standards).
  • FAR 49.401 General.
    (a) Termination for default is generally the exercise of the Government's contractual right to completely or partially terminate a contract because of the contractor's actual or anticipated failure to perform its contractual obligations. (…
  • FAR 49.402-4 Procedure in lieu of termination for default.
    …action, among others, are available to the contracting officer in lieu of termination for default when in the Government's interest: (a) Permit the contractor, the surety, or the guarantor, to continue performance of the contract under a r…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …corporated herein by reference. (f) Excusable delays. The 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, …
  • FAR 26.505 Suspension of payments, termination of contract, and debarment and suspension actions.
    …agraph (d) of this section exists, the contracting officer may terminate the contract for default. (c) Upon initiating action under paragraph (a) or (b) of this section, the contracting officer shall refer the case to the agency suspending…
  • FAR 49.402 Termination of fixed-price contracts for default.
  • FAR 49.503 Termination for convenience of the Government and default.
    (a) Cost-reimbursement contracts—(1) General use. Insert the clause at 52.249-6, Termination (Cost-Reimbursement), in solicitations and contracts when a cost-reimbursement contract is contemplated, except contracts for research and developm…
  • FAR 49.102 Notice of termination.
    (a) General. The contracting officer shall terminate contracts for convenience or default only by a written notice to the contractor (see 49.601). The notice of termination may be expedited by means of electronic communication capable of pr…
  • FAR 49.402-6 Repurchase against contractor's account.
    …ng officer may repurchase a quantity in excess of the undelivered quantity terminated for default when the excess quantity is needed, but excess cost may not be charged against the defaulting contractor for more than the undelivered quantit…
  • FAR 49.404 Surety-takeover agreements.
    …ion apply primarily, but not solely, to fixed-price construction contracts terminated for default. (b) Since the surety is liable for damages resulting from the contractor's default, the surety has certain rights and interests in the compl…
  • FAR 52.232-16 Progress Payments.
    …pporting documentation requested by the Contracting Officer. (h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquida…
  • FAR 52.249-10 Default (Fixed-Price Construction).
    As prescribed in 49.504(c)(1), insert the following clause: Default (Fixed-Price Construction) (APR 1984) (a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completi…
  • DFARS 252.245-7005 Management and Reporting of Government Property.
    …rning the property; (B) Repossess, demilitarize, and resell the property, and charge the defaulting Purchaser with all costs incurred by the Contractor. The Contractor shall deduct these costs from the purchase price and refund the balance…
  • FAR 12.403 Termination.
    …eferred remedy will be to acquire similar items from another contractor and to charge the defaulted contractor with any excess reprocurement costs together with any incidental or consequential damages incurred because of the termination. (…
  • FAR 49.601 Notice of termination for convenience.
    (See 49.402-3(g) for notice of termination for default.)
  • FAR 52.232-32 Performance-Based Payments.
    …formance of this contract for administration of this clause. (j) Special terms regarding default. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquida…
  • FAR 52.249-14 Excusable Delays.
    …chedule” in the last sentence of the clause. Excusable Delays (APR 1984) (a) Except for defaults of subcontractors at any tier, the Contractor shall not be in default because of any failure to perform this contract under its terms if the …
  • FAR 42.1503 Procedures.
    …ral Awardee Performance and Integrity Information System (FAPIIS), e.g., terminations for default or cause. (h) Other contractor performance information. (1) Agencies shall ensure information is accurately reported in the FAPIIS module of …
  • FAR 49.402-7 Other damages.
    (a) If the contracting officer terminates a contract for default or follows a course of action instead of termination for default (see 49.402-4), the contracting officer promptly must assess and demand any liquidated damages to which the Go…
  • FAR 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    … due to the defect in the item. (e) Excusable delays. The 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 …
  • FAR 52.232-12 Advance Payments.
    …ny evidence with respect to its insurance that the administering office may require. (k) Default. (1) If any of the following events occurs, the Government may, by written notice to the Contractor, withhold further withdrawals from the spe…
  • FAR 52.232-17 Interest.
    …f the first written demand for payment, including any demand for payment resulting from a default termination. (f) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending o…
  • FAR 52.233-3 Protest After Award.
    …l the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled…
  • FAR 52.242-15 Stop-Work Order.
    …l the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled…
  • FAR 52.246-2 Inspection of Supplies—Fixed-Price.
    …rect the supplies and charge the cost to the Contractor or (2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and …
  • FAR 2.101 Definitions.
    …Chief of Mission. Surety means an individual or corporation legally liable for the debt, default, or failure of a principal to satisfy a contractual obligation. The types of sureties referred to are as follows: (1) An individual surety is…
  • FAR 25.206 Noncompliance.
    … rights and remedies, such as reducing the contract price or terminating the contract for default. (4) If the noncompliance is sufficiently serious, consider exercising appropriate contractual remedies, such as terminating the contract for…
  • FAR 25.607 Noncompliance.
    … rights and remedies, such as reducing the contract price or terminating the contract for default. (4) If the noncompliance is sufficiently serious, consider exercising appropriate contractual remedies, such as terminating the contract for…
  • FAR 33.101 Definitions.
    …otherwise specified. In the computation of any period— (1) The day of the act, event, or default from which the designated period of time begins to run is not included; and (2) The last day after the act, event, or default is included unl…
  • FAR 43.101 Definitions.
    …ffective date of the initial notice. (4) For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for defa…
  • FAR 49.100 Scope of subpart.
    …s to terminate contracts in whole or in part for the convenience of the Government or for default; (2) Duties of the contractor and the contracting officer after issuance of the notice of termination; (3) General procedures for the settle…

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.