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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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35 sections with “liquidated damages”

  • FAR 22.302 Liquidated damages and overtime pay.
    …sible contractor or subcontractor must pay the affected employee any unpaid wages and pay liquidated damages to the Government. The contracting officer must assess liquidated damages at the rate specified at 29 CFR 5.5(b)(2) per affected em…
  • FAR 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development.
    As prescribed in 11.503(a), insert the following clause in solicitations and contracts: Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000) (a) If the Contractor fails to deliver the supplies or perform the servi…
  • DFARS 222.302 Liquidated damages and overtime pay.
    …e contractor written notification of the withholding and a statement of the basis for the liquidated damages assessment. The written notification shall also inform the contractor of its 60 days right to appeal the assessment, through the co…
  • FAR 52.211-12 Liquidated Damages—Construction.
    As prescribed in 11.503(b), insert the following clause in solicitations and contracts: Liquidated Damages—Construction (SEP 2000) (a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor …
  • FAR 52.219-16 Liquidated Damages—Subcontracting Plan.
    As prescribed in 19.708(b)(2), insert the following clause: Liquidated Damages—Subcontracting Plan (SEP 2021) (a) Failure to make a good faith effort to comply with the subcontracting plan, as used in this clause, means a willful or inten…
  • FAR 36.206 Liquidated damages.
    The contracting officer must evaluate the need for liquidated damages in a construction contract in accordance with 11.502 and agency regulations.
  • DFARS 236.206 Liquidated damages.
    See 211.503 for instructions on use of liquidated damages.
  • FAR 11.501 Policy.
    … the potential impact on pricing, competition, and contract administration before using a liquidated damages clause. Use liquidated damages clauses only when— (1) The time of delivery or timely performance is so important that the Governme…
  • FAR 11.502 Procedures.
    (a) Include the applicable liquidated damages clause and liquidated damages rates in solicitations when the contract will contain liquidated damages provisions. (b) Construction contracts with liquidated damages provisions must describe th…
  • FAR 11.503 Contract clauses.
    (a) Use the clause at 52.211-11, Liquidated Damages—Supplies, Services, or Research and Development, in fixed-price solicitations and contracts for supplies, services, or research and development when the contracting officer determines that…
  • FAR 19.705-7 Compliance with the subcontracting plan.
    …tracting plan, these objectives are not achieved, and 15 U.S.C. 637(d)(4)(F) directs that liquidated damages shall be paid by the contractor. (b) Determination of good faith effort. (1) In determining whether a contractor failed to make a …
  • FAR 22.406-8 Investigations.
    … material obtained from Labor Department files, other than computations of back wages and liquidated damages and summaries of back wages due, to anyone other than Government contract administrators. (b) Investigation report. The contractin…
  • FAR 22.406-9 Withholding from or suspension of contract payments.
    …ments due the contractor an amount equal to the estimated wage underpayment and estimated liquidated damages due the United States under the Contract Work Hours and Safety Standards statute. (See 22.302.) (1) If the contracting officer bel…
  • FAR 52.222-4 Contract Work Hours and Safety Standards—Overtime Compensation.
    …te of pay for each hour worked over 40 hours. (b) Violation; liability for unpaid wages; liquidated damages. The responsible Contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph (a) of this clause…
  • FAR 49.402-7 Other damages.
    …n for default (see 49.402-4), the contracting officer promptly must assess and demand any liquidated damages to which the Government is entitled under the contract. Under the contract clause at 52.211-11, these damages are in addition to an…
  • DFARS 219.702-70 Statutory requirements for the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.
    …ractor written notice specifying the failure, advising of the potential for assessment of liquidated damages, permitting the contractor to demonstrate what good faith efforts have been made, and providing a period of 15 working days (or lon…
  • DFARS 222.406-9 Withholding from or suspension of contract payments.
    … liability for Construction Wage Rate Requirements or CWHSS statute wage underpayments or liquidated damages. (c) Disposition of contract payments withheld or suspended—(3) Limitation on forwarding or returning funds. When disposition of w…
  • DFARS 252.219-7004 Small Business Subcontracting Plan (Test Program).
    …n approved plan required by this clause, shall be a material breach of the contract. (f) Liquidated damages. The Contracting Officer designated to manage the comprehensive subcontracting plan will exercise the functions of the Contracting …
  • DFARS 252.217-7009 Default.
    …n lieu of actual damage, the Contractor shall pay to the Government as fixed, agreed, and liquidated damages for each calendar day of delay the amount, if any, set forth in the job order (prorated to the nearest hour for fractional days). …
  • FAR 11.500 Scope.
    (a) This subpart prescribes policies and procedures for using liquidated damages clauses in solicitations and contracts for supplies, services, research and development, and construction. (b) This subpart does not apply to liquidated damag…
  • FAR 19.705-6 Postaward responsibilities of the contracting officer.
    …eparing and submitting the bid or proposal, if applicable. (h) Initiate action to assess liquidated damages in accordance with 19.705-7 upon a recommendation by the administrative contracting officer, if one is assigned, or receipt of othe…
  • FAR 22.2109 Enforcement of Executive Order 13706 paid sick leave requirements.
    …result of the violation; or (C) Appropriate equitable or other relief. (iii) Payment of liquidated damages in an amount equaling any monetary relief may also be directed unless such amount is reduced by the Administrator of the Wage and H…
  • DFARS 211.500 Scope.
    This subpart and FAR subpart 11.5 do not apply to liquidated damages for comprehensive subcontracting plans under the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans. See 219.702-70 for coverage of liquidat…
  • DFARS 219.708 Contract clauses.
    …lan (DoD Contracts), FAR 52.219-9, Small Business Subcontracting Plan, and FAR 52.219-16, Liquidated Damages—Subcontracting Plan. (2) In contracts with contractors that have comprehensive subcontracting plans approved under the Test Progra…
  • DFARS 222.406-8 Investigations.
    …tion. (4)(A) Notify the contractor by certified mail of any finding that it is liable for liquidated damages under the Contract Work Hours and Safety Standards (CWHSS) statute. The notification shall inform the contractor that— (1) It has …
  • FAR 11.401 General.
    …ormance. (c) If timely delivery or performance is unusually important to the Government, liquidated damages clauses may be used (see subpart 11.5).
  • FAR 19.702 Statutory requirements.
    …comply with the requirements of the subcontracting plan shall result in the imposition of liquidated damages. (d) As authorized by 15 U.S.C. 637(d)(12), certain costs incurred by a mentor firm in providing developmental assistance to a pro…
  • FAR 19.705-4 Reviewing the subcontracting plan.
    … ensure that the offeror has not submitted unreasonably low goals to minimize exposure to liquidated damages and to avoid the administrative burden of substantiating good faith efforts. Additionally, particular attention should be paid to t…
  • FAR 19.708 Contract clauses.
    … officer shall use the clause with its Alternate IV. (2) Insert the clause at 52.219-16, Liquidated Damages—Subcontracting Plan, in all solicitations and contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, or t…
  • FAR 49.404 Surety-takeover agreements.
    …ven in connection with the contract. (2) The surety is bound by contract terms governing liquidated damages for delays in completion of the work, unless the delays are excusable under the contract. (3) If the contract proceeds have been a…
  • FAR 52.211-13 Time Extensions.
    … work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule. (End of clause)
  • FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
    … 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s). __(24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)). __(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Se…
  • FAR 52.222-62 Paid Sick Leave Under Executive Order 13706.
    … (2) Other actual monetary losses sustained as a direct result of the violation; and (3) Liquidated damages. (f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O. 13706, 29 CFR…
  • DFARS 211.503 Contract clauses.
    (b) Use the clause at FAR 52.211-12, Liquidated Damages—Construction, in all construction contracts exceeding $900,000, except cost-plus-fixed-fee contracts or contracts where the contractor cannot control the pace of the work. Use of the c…
  • DFARS 222.406-13 Semiannual enforcement reports.
    … (i) Construction Wage Rate Requirements statute; and (ii) CWHSS statute; (9) Amount of liquidated damages assessed under the CWSS statute— (i) Total amount; and (ii) Number of contracts involved; (10) Number of employees and amount pa…

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.