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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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127 sections with “excess cost”: the first 40

  • FAR 52.232-20 Limitation of Cost.
    …e— (1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of (i) the estimated cost specified in the Schedule or, (ii) if this is a cost-sharing contract, the estimated cost to the Government specified…
  • FAR 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations.
    As prescribed in 26.404, insert the following clause: Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (a) Definitions. As used in this clause— Apparently wholesome food means food that meets all quality and labeling …
  • FAR 52.249-6 Termination (Cost-Reimbursement).
    …l payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 12…
  • FAR 8.406-4 Termination for cause.
    …tion for cause shall comply with FAR 12.403, and may include charging the contractor with excess costs resulting from repurchase. (2) The schedule contracting office shall be notified of all instances where an ordering activity contracting…
  • FAR 31.205-46 Travel costs.
    … 20402, Stock No. 744-088-00000-0. (3) In special or unusual situations, actual costs in excess of the above-referenced maximum per diem rates are allowable provided that such amounts do not exceed the higher amounts authorized for Federal…
  • FAR 49.604 Release of excess funds under terminated contracts.
    The following format shall be used to recommend the release of excess funds under terminated contracts, except if the contracting office retains responsibility for settlement of the termination: FROM: Termination Contracting Officer ______…
  • FAR 49.402-6 Repurchase against contractor's account.
    …e quality and delivery requirements. The contracting 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 defaultin…
  • DFARS 252.217-7009 Default.
    …r. (b) Except for defaults of subcontractors, the Contractor shall 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…
  • FAR 11.701 Supply contracts.
    …act, within allowable variations, if any. If a contractor delivers a quantity of items in excess of the contract requirements plus any allowable variation in quantity, particularly small dollar value overshipments, it results in unnecessary…
  • FAR 16.505 Ordering.
    …ved at the time the requirement for a brand-name is determined. (iii)(A) For an order in excess of $40,000, the contracting officer shall— (1) Post the justification and supporting documentation on the agency Web site used (if any) to sol…
  • FAR 31.205-6 Compensation for personal services.
    …an allowable contract cost). (iii) For owners of closely held companies, compensation in excess of the costs that are deductible as compensation under the Internal Revenue Code (26 U.S.C.) and regulations under it is unallowable. (b) Reas…
  • FAR 31.205-42 Termination costs.
    … to the extent that the quantities of such items on hand, in transit, and on order are in excess of the reasonable quantitative requirements of other work. (b) Costs continuing after termination. Despite all reasonable efforts by the contr…
  • FAR 31.205-48 Research and development costs.
    …sored by a grant or required in the performance of a contract. When costs are incurred in excess of either the price of a contract or amount of a grant for research and development effort, the excess is unallowable under any other Governmen…
  • FAR 52.215-23 Limitations on Pass-Through Charges.
    …contract requirements, coordinating deliveries, performing quality assurance functions). Excessive pass-through charge, with respect to a Contractor or subcontractor that adds no or negligible value to a contract or subcontract, means a ch…
  • FAR 52.216-5 Price Redetermination—Prospective.
    …etermined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear int…
  • FAR 52.216-6 Price Redetermination—Retroactive.
    …furnished. If it is later determined that the Government has overpaid the Contractor, the excess shall be repaid to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the exces…
  • FAR 52.216-16 Incentive Price Revision—Firm Target.
    …etermined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear int…
  • FAR 52.216-17 Incentive Price Revision—Successive Targets.
    …etermined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear int…
  • FAR 52.232-12 Advance Payments.
    …terest charges payable. If previous payments to the Contractor exceed the amount due, the excess amount shall be paid to the Government on demand. For purposes of this paragraph, the contract price shall be considered to be the stated contr…
  • FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price).
    …l payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 12…
  • FAR 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
    …l payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App 121…
  • FAR 52.249-8 Default (Fixed-Price Supply and Service).
    … similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractor…
  • FAR 52.249-9 Default (Fixed-Price Research and Development).
    …milar to the work terminated, and the Contractor will be liable to the Government for any excess costs for the similar work. However, the Contractor shall continue the work not terminated. (c) Except for defaults of subcontractors at any t…
  • DFARS 217.170 General.
    …rocurements, including those expected to— (i) Employ an unfunded contingent liability in excess of $20 million (see 10 U.S.C. 3501(l)(1), 10 U.S.C. 3531(d)(1), and section 8008(a) of Pub. L. 105-56 and similar sections in subsequent DoD ap…
  • DFARS 249.501-70 Special termination costs.
    …2 years or more; (2) The contract is estimated to require— (i) Total RDT&E financing in excess of $25 million; or (ii) Total production investment in excess of $100 million; and (3) Adequate funds are available to cover the contingent r…
  • FAR 26.403 Procedures.
    …e contractors, to the maximum extent practicable and safe, to donate apparently wholesome excess food to nonprofit organizations that provide assistance to food-insecure people in the United States. (2) Costs. (i) In any case in which a co…
  • FAR 31.203 Indirect costs.
    … carefully developed distribution bases. (i) Indirect costs that meet the definition of “excessive pass-through charge” in 52.215-23, are unallowable.
  • FAR 31.205-1 Public relations and advertising costs.
    …berships in civic and community organizations. (8) Costs associated with the donation of excess food to nonprofit organizations in accordance with the Federal Food Donation Act of 2008 (42 U.S.C. 1792, see subpart 26.4).
  • FAR 31.205-13 Employee morale, health, welfare, food service, and dormitory costs and credits.
    …asonably available. (B) The contractor's charged (but unproductive) labor costs would be excessive if the services were not available. (C) If cessation or reduction of food or dormitory operations will not otherwise yield net cost savings…
  • FAR 31.205-17 Idle facilities and idle capacity costs.
    …e type of facility involved. Idle facilities means completely unused facilities that are excess to the contractor's current needs. (b) The costs of idle facilities are unallowable unless the facilities— (1) Are necessary to meet fluctuat…
  • FAR 31.205-34 Recruitment costs.
    …(5) Travel costs of applicants for interviews. (6) Costs for employment agencies, not in excess of standard commercial rates. (b) Help-wanted advertising costs are unallowable if the advertising— (1) Does not describe specific positions …
  • FAR 32.503-6 Suspension or reduction of payments.
    …ll other payments until the unliquidated balance of progress payments is eliminated. (d) Excessive inventory. If the inventory allocated to the contract exceeds reasonable requirements (including a reasonable accumulation of inventory for …
  • FAR 32.601 General.
    …for defective certified cost or pricing data. (3) Financing payments determined to be in excess of the contract limitations at 52.232-16(a)(7), Progress Payments, or 52.232-32(d)(2), Performance—Based Payments, or any contract clause for f…
  • FAR 32.704 Limitation of cost or funds.
    …ely increasing the funds available. Since a contractor is not obligated to incur costs in excess of the estimated cost in the contract, the contracting officer shall ensure availability of funds for directed actions. The contracting officer…
  • FAR 36.205 Statutory cost limitations.
    (a) Contracts for construction shall not be awarded at a cost to the Government— (1) In excess of statutory cost limitations, unless applicable limitations can be and are waived in writing for the particular contract; or (2) Which, with a…
  • FAR 42.302 Contract administration functions.
    …ifications requiring the contractor to provide packing, crating, and handling services on excess Government property. When the ACO determines it to be in the Government's interests, the services may be secured from a contractor other than t…
  • FAR 45.602-3 Screening.
    …nd nonprofit organizations if a Federal agency has not expressed a need for the property. Excess personal property, meeting the conditions of 45.603, may be abandoned, destroyed, or donated to public bodies. No later than the 21st day, the …
  • FAR 49.402-3 Procedure for default.
    …sed against the contractor's account, and that the contractor will be held liable for any excess costs; (5) If the contracting officer has determined that the failure to perform is not excusable, that the notice of termination constitutes …
  • FAR 49.403 Termination of cost-reimbursement contracts for default.
    …ct. However, a cost-reimbursement contract does not contain any provision for recovery of excess repurchase costs after termination for default (but see paragraph (g) of the clause at 52.246-3 with respect to failure of the contractor to re…
  • FAR 52.230-1 Cost Accounting Standards Notices and Certification.
    … I. Disclosure Statement—Cost Accounting Practices and Certification (a) Any contract in excess of the lower CAS threshold specified in Federal Acquisition Regulation (FAR) 30.201-4(b) resulting from this solicitation will be subject to th…

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.