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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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34 sections with “settlement by determination”

  • FAR 49.109-7 Settlement by determination.
    (a) General. If the contractor and TCO cannot agree on a termination settlement, or if a settlement proposal is not submitted within the period required by the termination clause, the TCO shall issue a determination of the amount due consis…
  • DFARS 249.109-7 Settlement by determination.
    Follow the procedures at PGI 249.109-7 for settlement of a convenience termination by determination.
  • FAR 49.107 Audit of prime contract settlement proposals and subcontract settlements.
    (a) The TCO shall refer each prime contractor settlement proposal valued at or above the threshold for obtaining certified cost or pricing data set forth in FAR 15.403-4(a)(1) to the appropriate audit agency for review and recommendations. …
  • FAR 49.606 Granting subcontract settlement authorization.
    Contracting officers shall use the following format when granting subcontract settlement authorization: LETTER OF AUTHORIZATION (a) Your request of ______ (date) is approved, and you are authorized, subject to the limitations of subsectio…
  • FAR 49.112-2 Final payment.
    (a) Negotiated settlement. After execution of a settlement agreement, the contractor shall submit a voucher or invoice showing the amount agreed upon, less any portion previously paid. The TCO shall attach a copy of the settlement agreement…
  • FAR 49.103 Methods of settlement.
    Settlement of terminated cost-reimbursement contracts and fixed-price contracts terminated for convenience may be effected by (a) negotiated agreement, (b) determination by the TCO, (c) costing-out under vouchers using SF 1034, Public Vouch…
  • FAR 32.904 Determining payment due dates.
    …vices performed. (A) For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. (B) For the sole purpose of computing an interest…
  • FAR 42.705-1 Contracting officer determination procedure.
    …s questioned, with identification of items and amounts allowed or disallowed in the final settlement as well as the disposition of period costing or allocability issues, (C) reasons why any recommendations of the auditor or other Governmen…
  • FAR 49.105 Duties of termination contracting officer after issuance of notice of termination.
    … the TCO shall— (1) Direct the action required of the prime contractor; (2) Examine the settlement proposal of the prime contractor and, when appropriate, the settlement proposals of subcontractors; (3) Promptly negotiate settlement with…
  • FAR 49.203 Adjustment for loss.
    (a) In the negotiation or determination of any settlement, the TCO shall not allow profit if it appears that the contractor would have incurred a loss had the entire contract been completed. The TCO shall negotiate or determine the amount o…
  • FAR 52.216-5 Price Redetermination—Prospective.
    …Disputes clause. For the purpose of paragraphs (f), (g), and (h) above, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. …
  • FAR 52.249-2 Termination for Convenience of the Government (Fixed-Price).
    …ed, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle al…
  • FAR 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
    …ed, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle al…
  • FAR 52.249-6 Termination (Cost-Reimbursement).
    …ed, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle al…
  • DFARS 227.7006 Investigation and administrative disposition of claims.
    An investigation and administrative determination (denial or settlement) of each claim shall be made in accordance with instructions and procedures established by each Department, subject to the following: (a) When the procurement responsi…
  • FAR 52.216-6 Price Redetermination—Retroactive.
    …Disputes clause. For the purpose of paragraphs (e), (f), and (g) above, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. …
  • FAR 52.216-7 Allowable Cost and Payment.
    …and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates. (3) The Contractor and the appropriate Government representative shall execute a written understanding setti…
  • FAR 52.232-25 Prompt payment.
    …r services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement. (ii) If the designated billing office fails to an…
  • FAR 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts.
    …ed by the Contractor. For a final invoice, when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the settlement. (ii) The due date for progress p…
  • FAR 52.232-27 Prompt Payment for Construction Contracts.
    …ted by the Contractor. For a final invoice when the payment amount is subject to contract settlement actions (e.g., release of claims), acceptance is deemed to occur on the effective date of the contract settlement. (B) If the designated b…
  • FAR 9.403 Definitions.
    …n of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition that creates a civil liability for the complained of wrongful acts, or a final determination of liability u…
  • FAR 42.302 Contract administration functions.
    … by agency acquisition regulations. (24) Negotiate and execute contractual documents for settlement of partial and complete contract terminations for convenience, except as otherwise prescribed by part 49. (25) Negotiate and execute contr…
  • FAR 52.219-9 Small Business Subcontracting Plan.
    …ganized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 4…
  • FAR 52.248-1 Value Engineering.
    …h (h)(3) above) and shall not be subject to subsequent adjustment. (5) Alternate no-cost settlement method. When, in accordance with section 48.104-4 of the Federal Acquisition Regulation (FAR), the Government and the Contractor mutually a…
  • FAR 2.101 Definitions.
    …inent law, regulation, or contract, cannot be included in prices, cost-reimbursements, or settlements under a Government contract to which it is allocable. Unique and innovative concept, when used relative to an unsolicited research propos…
  • FAR 31.001 Definitions.
    … submission used as a basis for pricing a contract, contract modification, or termination settlement or for securing payments thereunder. Qualified pension plan means a pension plan comprising a definite written program communicated to and…
  • FAR 31.205-6 Compensation for personal services.
    …sulting from underpaid work actually performed are allowable, if required by a negotiated settlement, order, or court decree. (2) Payments to union employees for the difference in their past and current wage rates for working without a con…
  • FAR 42.705 Final indirect cost rates.
    …hin 120 days (or longer period, if approved in writing by the contracting officer,) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the contractor must submit a completion invoice or…
  • FAR 42.708 Quick-closeout procedure.
    (a) The contracting officer responsible for contract closeout shall negotiate the settlement of direct and indirect costs for a specific contract, task order, or delivery order to be closed, in advance of the determination of final direct c…
  • FAR 43.101 Definitions.
    … the termination contracting officer's previous letter determination of the amount due in settlement of a contract termination for convenience, the effective date shall be the same as the effective date of the previous letter determination.
  • FAR 44.203 Consent limitations.
    …) Subcontracts that make the results of arbitration, judicial determination, or voluntary settlement between the prime contractor and subcontractor binding on the Government; or (5) Repetitive or unduly protracted use of cost-reimbursement…
  • FAR 49.305-1 General.
    …shall not include an allowance for fee for subcontract effort included in subcontractors' settlement proposals. (b) The ratio of costs incurred to the total estimated cost of performing the contract or the terminated portion is only one fa…
  • FAR 52.233-3 Protest After Award.
    … allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow…
  • DFARS 227.7004 Requirements for filing an administrative claim for patent infringement.
    …s information at the time of filing a claim to permit the most expeditious processing and settlement of the claim. (1) A copy of the asserted patent(s) and identification of all claims of the patent alleged to be infringed. (2) Identifica…

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.