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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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125 sections with “excess to contracts”: the first 40

  • 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 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 3.104-3 Statutory and related prohibitions, restrictions, and requirements.
    …ticipating personally and substantially in a Federal agency procurement for a contract in excess of the simplified acquisition threshold, contacts or is contacted by a person who is an offeror in that Federal agency procurement regarding po…
  • 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 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…
  • DFARS 252.215-7016 Notification to Offerors—Postaward Debriefings.
    …inimum postaward debriefing information will include the following: (i) For contracts in excess of $15 million and not in excess of $150 million with a small business or nontraditional defense contractor, an option for the small business o…
  • 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 22.1007 Requirement to obtain wage determinations.
    …minations for the following service contracts: (a) Each new solicitation and contract in excess of $2,500. (b) Each contract modification which brings the contract above $2,500 and— (1) Extends the existing contract pursuant to an option…
  • 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 52.215-23 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 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts.
    …) 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 52.232-10 Payments Under Fixed-Price Architect-Engineer Contracts.
    …cer determines that the work is substantially complete and that the amount retained is in excess of the amount adequate for the protection of the Government, the Contracting Officer shall release the excess amount to the Contractor. (c) Up…
  • 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 52.249-6 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…
  • DFARS 217.174 Multiyear contracts for electricity from renewable energy sources.
    …e the authority in paragraph (a) of this section to enter into a contract for a period in excess of 5 years only if the head of the contracting activity determines, on the basis of a business case analysis (see PGI 217.174 for a business ca…
  • FAR 4.903 Reporting contract information to the IRS.
    … The reporting requirement also applies to certain contracts and modifications thereto in excess of $25,000 entered into on or after January 1, 1989. (c) The information to report is— (1) Name, address, and TIN of the contractor; (2) Nam…
  • FAR 16.503 Requirements contracts.
    …tion, no solicitation for a requirements contract for advisory and assistance services in excess of three years and $20 million (including all options) may be issued unless the contracting officer or other official designated by the head of…
  • 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 31.205-23 Losses on other contracts.
    An excess of costs over income under any other contract (including the contractor's contributed portion under cost-sharing contracts) is unallowable.
  • 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 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 49.108-2 Prime contractor's rights and obligations.
    …bcontract termination clause suggested in 49.502(e). The TCO shall allow reimbursement in excess of that amount only in unusual cases and then only to the extent that the terms of the subcontract did not unreasonably increase the rights of …
  • 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 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded.
    …lly available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for d…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    … of other inventions of the facility. If the balance exceeds 5 percent, 75 percent of the excess above 5 percent shall be paid by the Contractor to the Treasury of the United States and the remaining 25 percent shall be used by the Contract…
  • FAR 52.229-6 Taxes—Foreign Fixed-Price Contracts.
    …pted tax means social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and property taxes. Excepted tax does not include gr…
  • FAR 52.237-4 Payment by Government to Contractor.
    …ernment and, at the Contracting Officer's discretion, may release all or a portion of any excess amount. (d) In further consideration of performance, the Contractor shall receive title to all property to be dismantled or demolished that is…
  • FAR 52.247-16 Contractor Responsibility for Returning Undelivered Freight.
    …n point at no charge to the Government. Any charges incurred for redelivery, which are in excess of the charges that would have been incurred under this contract, shall be for the Contractor's account in accordance with the Default clause o…
  • FAR 52.247-30 F.o.b. Origin, Contractor's Facility.
    … by the Government; or (ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; (3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or …
  • DFARS 215.404-71-5 Cost efficiency factor.
    … (2) Actual cost reductions achieved on prior contracts; (3) Reduction or elimination of excess or idle facilities; (4) The contractor's cost reduction initiatives (e.g., competition advocacy programs, technical insertion programs, obsole…
  • 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 252.229-7004 Status of contractors as a direct contractor (Spain).
    …ion that the amount retained by the United States Government or guaranteed by the bank is excessive, the amount shall be reduced to an amount commensurate with contingent import tax and duty-free liability. This bank guaranty or fund shall …
  • 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 (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.