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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12 sections with “excusable failure”

  • FAR 52.249-14 Excusable Delays.
    … the words “completion time” for “delivery schedule” 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 p…
  • FAR 49.402-3 Procedure for default.
    … costs; (5) If the contracting officer has determined that the failure to perform is not excusable, that the notice of termination constitutes such decision, and that the contractor has the right to appeal such decision under the Disputes …
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …tions. The clause at FAR 52.202-1, Definitions, is incorporated 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 Con…
  • FAR 8.406-4 Termination for cause.
    …contractor, or if fraud is suspected. (b) If the contractor asserts that the failure was excusable, the ordering activity contracting officer shall follow the procedures at 8.406-6, as appropriate. (c) If the contractor is charged excess …
  • FAR 8.708 Shipping.
    …ce to furnish bills of lading or to designate a method of transportation may result in an excusable delay in delivery. (d) AbilityOne participating nonprofit agencies shall include transportation costs for small shipments paid by the nonpr…
  • FAR 49.401 General.
    …rwise determined that the contractor 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 49.50…
  • FAR 52.249-6 Termination (Cost-Reimbursement).
    …ond the control and without the fault or negligence of the Contractor as set forth in the Excusable Delays clause, the rights and obligations of the parties will be the same as if the termination was for the convenience of the Government. …
  • FAR 52.249-8 Default (Fixed-Price Supply and Service).
    …ination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (…
  • FAR 52.249-9 Default (Fixed-Price Research and Development).
    …ination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Government. (…
  • FAR 52.249-10 Default (Fixed-Price Construction).
    …o proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government. (d…
  • DFARS 252.217-7009 Default.
    …b order, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for the convenience of the Gove…
  • DFARS 252.251-7000 Ordering from Government supply sources.
    …zation should not be terminated. The termination shall not provide the Contractor with an excusable delay for failure to perform or complete the contract in accordance with the terms of the contract, and the Contractor shall be solely respo…

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.