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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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43 sections with “excess funds”: the first 40

  • FAR 49.105-2 Release of excess funds.
    … 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 funds should be accomplished in a timely manner by the contracting officer…
  • 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 ______…
  • DFARS 249.105-2 Release of excess funds.
    See PGI 249.105-2 for guidance on recommending the release of excess funds.
  • FAR 52.232-22 Limitation of Funds.
    …e— (1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and (2) The Contractor is not obligated to continue performance under this co…
  • 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 4.804-5 Procedures for closing out contract files.
    …ion office must review the contract funds status and notify the contracting office of any excess funds the contract administration office might deobligate. When complete, the administrative closeout procedures must ensure that— (1) Disposi…
  • 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 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 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 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 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
    …ck Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). __ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Rega…
  • FAR 2.101 Definitions.
    … of the product or service. (Section 314 of Pub. L. 107-314, 10 U.S.C. chapter 223 note) Excess personal property means any personal property under the control of a Federal agency that the agency head determines is not required for its nee…
  • FAR 4.804-1 Closeout by the office administering the contract.
    …d be used, when appropriate, to reduce administrative costs and to enable deobligation of excess funds. (c) A contract file shall not be closed if— (1) The contract is in litigation or under appeal; or (2) In the case of a termination, a…
  • FAR 22.407 Solicitation provision and contract clauses.
    (a) Insert the following clauses in solicitations and contracts in excess of $2,000 for construction within the United States: (1) 52.222-6, Construction Wage Rate Requirements. (2) 52.222-7, Withholding of Funds. (3) 52.222-8, Payrolls …
  • FAR 49.101 Authorities and responsibilities.
    …the Government's interest. (f) The contracting officer is responsible for the release of excess funds resulting from the termination unless this responsibility is specifically delegated to the TCO.
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling pr…
  • FAR 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
    …to insert the percentage per instructions at 13.302-5(d)(4).]) (xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 o…
  • FAR 52.245-1 Government Property.
    …ntractor shall promptly disclose and report Government property in its possession that is excess to contract performance. (B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle …
  • DFARS 222.302 Liquidated damages and overtime pay.
    …al action on a recommendation of the agency head to waive or adjust liquidated damages in excess of $500. (ii) Upon final administrative determination of the contractor's liability for liquidated damages, the contracting officer shall tran…
  • 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 3.104-1 Definitions.
    …by an agency constitutes a separate procurement for purposes of 41 U.S.C. chapter 21. In excess of $10,000,000 means— (1) The value, or estimated value, at the time of award, of the contract, including all options; (2) The total estimate…
  • FAR 13.305-2 Agency responsibilities.
    …d party draft account established, and that amounts of those funds or accounts are not in excess of actual needs; (b) Take prompt action to have imprest funds or third party draft accounts adjusted to a level commensurate with demonstrated…
  • FAR 16.603-3 Limitations.
    …table. Letter contracts shall not— (a) Commit the Government to a definitive contract in excess of the funds available at the time the letter contract is executed; (b) Be entered into without competition when competition is required by pa…
  • FAR 17.105-1 Uses.
    …he supplies to be acquired, and the technical risks associated with such supplies are not excessive; (4) There is a reasonable expectation that, throughout the contemplated contract period, the head of the agency will request funding for t…
  • FAR 22.302 Liquidated damages and overtime pay.
    …for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the statute. In accordance with the Federal Civil Penalties Infl…
  • 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 32.402 General.
    …ncing are reasonably available to the contractor in adequate amounts. Loans and credit at excessive interest rates or other exorbitant charges, or loans from other Government agencies, are not considered reasonably available financing. (c)…
  • FAR 32.604 Demand for payment.
    …riations; and (B) Not distribute to any line of accounting an amount of the principal in excess of the total obligation for the line of accounting; and (iii) Include the lines of accounting even if the associated funds are expired or canc…
  • FAR 32.702 Policy.
    No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law. Before executing any…
  • FAR 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation.
    …for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime wages required by the Contract Work Hours and Safety Standards statute (found at 4…
  • DFARS 208.7003-2 Assignments under coordinated acquisition.
    …)(1) (i) through (vii); (b) Items obtained under 208.7003-1(a); (c) Requirements not in excess of the simplified acquisition threshold in FAR part 2, when contracting by the requiring department is in the best interest of the Government; …
  • DFARS 217.172 Multiyear contracts for supplies.
    …ired pursuant to such contract has not been determined to have experienced cost growth in excess of the critical cost growth threshold pursuant to 10 U.S.C. 4371(a)(3) within 5 years prior to the date the Secretary anticipates such contract…
  • DFARS 219.7103-2 Contracting officer responsibilities.
    …. (f) Not authorize reimbursement for costs of assistance furnished to a protégé firm in excess of $1 million in a fiscal year unless a written determination from the Director, OSBP, of the military department or defense agency is obtained…
  • DFARS 222.7402 Policy.
    …ntract (including task or delivery orders and bilateral modifications adding new work) in excess of $1 million, unless the contractor agrees not to— (1) Enter into any agreement with any of its employees or independent contractors that req…
  • DFARS 222.7405 Contract clause.
    …ing task orders or delivery orders and bilateral modifications adding new work) valued in excess of $1 million utilizing funds appropriated or otherwise made available by the Defense Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118)…

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.