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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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54 sections with “risk of loss”: the first 40

  • FAR 32.503-16 Risk of loss.
    …er the Progress Payments clause, and except for normal spoilage, the contractor bears the risk of loss for Government property under the clause, even though title is vested in the Government, unless the Government has expressly assumed this…
  • FAR 32.1010 Risk of loss.
    …-32, Performance-Based Payments, and except for normal spoilage, the contractor bears the risk of loss for Government property, even though title is vested in the Government, unless the Government has expressly assumed this risk. The clause…
  • FAR 46.505 Transfer of title and risk of loss.
    …s for earlier passage of title. (b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the contractor until, and shall pass to the Government upon— (1) Delivery of the supplies to …
  • DFARS 252.204-7024 Notice on the Use of the Supplier Performance Risk System.
    … in 204.7604, use the following provision: Notice on the Use of the Supplier Performance Risk System (MAR 2023) (a) Definitions. As used in this provision— Item risk means the probability that a product, based on intended use, will intro…
  • DFARS 252.228-7001 Ground and Flight Risk.
    As prescribed in 228.371(b), use the following clause: Ground and Flight Risk (MAR 2023) (a) Definitions. As used in this clause— Aircraft means, unless otherwise provided in the contract Schedule, any item, other than a rocket or missil…
  • FAR 50.104-3 Special procedures for unusually hazardous or nuclear risks.
    …ontractor requests for the indemnification clause to cover unusually hazardous or nuclear risks should be submitted to the contracting officer and shall include the following information: (i) Identification of the contract for which the in…
  • FAR 2.101 Definitions.
    …t provides otherwise, the seller or consignor is responsible for the cost of shipping and risk of loss. For use in the clause at 52.247-34, see the definition at 52.247-34(a). F.o.b. origin means free on board at origin; i.e., the seller o…
  • FAR 28.303 Insurance against loss of or damage to Government property.
    …nment property), it may be provided by specific insurance policies or by inclusion of the risks in the contractor's existing policies. The policies shall disclose the Government's interest in the property.
  • DFARS 225.7305 Limitation of liability.
    Advise the contractor when the foreign customer will assume the risk for loss or damage under the appropriate limitation of liability clause(s) (see FAR Subpart 46.8). Consider the costs of necessary insurance, if any, obtained by the contr…
  • DFARS 228.370-2 General.
    … survey. Before awarding any contract using the clause at 252.228-7001, Ground and Flight Risk, the contracting officer should obtain a preaward survey of the offeror's proposed aircraft flight and ground operations facility. If the offeror…
  • FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price).
    …t for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value as d…
  • FAR 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
    …t for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value, as …
  • FAR 4.2301 Definitions.
    …eral supplier, or potential supplier, of products or services, at any tier. Supply chain risk, as defined in 41 U.S.C. 4713(k), means the risk that any person may sabotage, maliciously introduce unwanted functionality, extract data, or oth…
  • FAR 28.308 Self-insurance.
    …esolution of the board of directors authorizing and adopting coverage, including types of risks, limits of coverage, assignments of safety and loss control, and legal service responsibilities; (2) If available, the corporate insurance manu…
  • FAR 31.205-19 Insurance and indemnification.
    …ociated insurance administration expenses is unallowable. (4) Self-insurance charges for risks of catastrophic losses are unallowable (see 28.308(e)). (d) Purchased insurance costs are allowable, subject to paragraph (e) of this subsectio…
  • FAR 45.105 Contractors' property management system compliance.
    …red corrective action(s) may result in— (1) Revocation of the Government's assumption of risk for loss of Government property; and/or (2) The exercise of other rights or remedies available to the contracting officer. (c) If the contracto…
  • FAR 52.232-16 Progress Payments.
    …t apply to property to which the Government acquired title solely under this clause. (e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests i…
  • FAR 52.232-32 Performance-Based Payments.
    …t apply to property to which the Government acquired title solely under this clause. (g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests i…
  • FAR 52.245-1 Government Property.
    …ve management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administrator and take all necessary corr…
  • FAR 52.246-24 Limitation of Liability—High-Value Items.
    …ded in this contract, that cover— (1) Warranty of technical data; (2) Ground and flight risks or aircraft flight risks; or (3) Government property. (End of clause) Alternate I (APR 1984). If the contract is for both high-value items an…
  • DFARS 204.7601 Definitions.
    As used in this subpart— Item risk means the probability that a product, based on intended use, will introduce performance risk resulting in safety issues, mission degradation, or monetary loss. Price risk means the measure of whether a p…
  • DFARS 252.217-7012 Liability and insurance.
    …urnished by the Government for installation by the Contractor. The Government assumes the risks of loss of and damage to that property. (2) The Government does not assume any risk with respect to loss or damage compensated for by insurance…
  • FAR 47.303-17 Contractor-prepaid commercial bills of lading, small package shipments.
    …less otherwise provided in the contract, the supplies move for the account of, and at the risk of, the Government. The supplies become Government property when loaded on the carrier's equipment and the contractor has obtained the carrier's …
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …er the procedures prescribed in FAR 32.608-2 in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain wi…
  • FAR 52.246-16 Responsibility for Supplies.
    …s for earlier passage of title. (b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon— (1) Delivery of the supplies to …
  • DFARS 252.235-7000 Indemnification Under 10 U.S.C. 3861—Fixed Price.
    …tible amounts of the Contractor's insurance; (3) Must result from an unusually hazardous risk as specifically defined in the contract; (4) Must not result from willful misconduct or lack of good faith on the part of any of the Contractor'…
  • FAR 32.306 Loan guarantees for subcontracts.
    …n guarantee may be reduced or eliminated and the contractor would bear part or all of the risk of loss arising from the selection of the subcontractor.
  • FAR 47.102 Transportation insurance.
    (a) The Government generally (1) retains the risk of loss of and/or damage to its property that is not the legal liability of commercial carriers and (2) does not buy insurance coverage for its property in the possession of commercial carri…
  • FAR 49.204 Deductions.
    … spoilage is excepted, as is inventory for which the Government has expressly assumed the risk of loss); and (c) Any other amounts as appropriate in the particular case.
  • FAR 52.213-1 Fast Payment Procedure.
    …, or blanket purchase agreement, the Contractor shall— (i) Assume all responsibility and risk of loss for supplies not received at destination, damaged in transit, or not conforming to purchase requirements; and (ii) Replace, repair, or c…
  • FAR 52.216-10 Incentive Fee.
    …rance—Liability to Third Persons clause; (v) Any claim, loss, or damage resulting from a risk for which the Contractor has been relieved of liability by the Government Property clause; or (vi) Any claim, loss, or damage resulting from a r…
  • FAR 52.250-1 Indemnification Under Public Law 85-804.
    …es only to the extent that the claim, loss, or damage (1) arises out of or results from a risk defined in this contract as unusually hazardous or nuclear and (2) is not compensated for by insurance or otherwise. Any such claim, loss, or dam…
  • DFARS 239.7301 Definitions.
    …on in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system (see 10 U.S.C. 3252). Covered system means a national security system, as that term is defined at 44 U.S.C. 3552(b) (see 10…
  • DFARS 252.209-7010 Critical Safety Items.
    …n the loss of, or serious damage to, the aircraft or weapon system; (ii) An unacceptable risk of personal injury or loss of life; or (iii) An uncommanded engine shutdown that jeopardizes safety. Design control activity. (i) With respect …
  • DFARS 252.235-7001 Indemnification Under 10 U.S.C. 3861—Cost Reimbursement.
    …tible amounts of the Contractor's insurance; (3) Must result from an unusually hazardous risk as specifically defined in the contract; (4) Must not result from willful misconduct or lack of good faith on the part of any of the Contractor'…
  • DFARS 209.270-2 Definitions.
    …g in the loss of or serious damage to the aircraft or weapon system; (2) An unacceptable risk of personal injury or loss of life; or (3) An uncommanded engine shutdown that jeopardizes safety. Design control activity—(1) With respect to …
  • DFARS 235.070-1 Indemnification under research and development contracts.
    …tractor's property to the extent that the liability, loss, or damage— (i) Results from a risk that the contract defines as “unusually hazardous;” (ii) Arises from the direct performance of the contract; and (iii) Is not compensated by in…
  • DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
    …s security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provid…
  • DFARS 252.239-7010 Cloud Computing Services.
    …. As used in this clause— Authorizing official, as described in DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT), means the senior Federal official or executive with the authority to formally ass…
  • FAR 4.502 Policy.
    … systems are capable of ensuring authentication and confidentiality commensurate with the risk and magnitude of the harm from loss, misuse, or unauthorized access to or modification of the information. (d) Agencies may accept electronic si…

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.