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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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85 sections with “termination liability”: the first 40

  • FAR 52.241-10 Termination Liability.
    As prescribed in 41.501(d)(4), insert a clause substantially the same as the following: Termination Liability (FEB 1995) (a) If the Government discontinues utility service under this contract before completion of the facilities cost recov…
  • DFARS 252.239-7007 Cancellation or Termination of Orders.
    As prescribed in 239.7411(a), use the following clause: Cancellation or Termination of Orders (SEP 2019) (a) Definitions. As used in this clause— Actual nonrecoverable costs means the installed costs of the facilities and equipment, less…
  • FAR 52.216-5 Price Redetermination—Prospective.
    As prescribed in 16.205-4, insert the following clause: Price Redetermination—Prospective (JAN 2022) (a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this claus…
  • DFARS 249.501-70 Special termination costs.
    (a) The clause at 252.249-7000, Special Termination Costs, may be used in an incrementally funded contract when its use is approved by the agency head. (b) The clause is authorized when— (1) The contract term is 2 years or more; (2) The …
  • FAR 2.101 Definitions.
    …For use in subpart 9.4, see the definition at 9.403. (2) For use of affiliates in size determinations, see the definition of “small business concern” in this section. Agency head or head of the agency means the Secretary, Attorney General…
  • FAR 31.205-6 Compensation for personal services.
    … all such costs of severance payments that are otherwise allowable are unallowable if the termination of employment of the foreign national is the result of the closing of, or the curtailment of activities at, a United States facility in th…
  • FAR 41.501 Solicitation provision and contract clauses.
    …conditions require the incorporation of a nonrecurring, nonrefundable service charge or a termination liability, see paragraphs (d)(6) and (d)(4) of this section.) (4) 52.241-10, Termination Liability, when payment is to be made to the con…
  • FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
    …, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal viola…
  • FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
    …rst written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on— (A)…
  • FAR 52.216-17 Incentive Price Revision—Successive Targets.
    … contract, except to the extent that— (1) The parties may agree in writing, before the determination of total final price, to exclude specific elements of cost from this price and to a procedure for subsequent disposition of these elements…
  • FAR 52.232-12 Advance Payments.
    …irect costs. Other withdrawals require approval in writing by the administering office. Determinations of whether costs are properly allocable, allowable, and reasonable shall be in accordance with generally accepted accounting principles, …
  • FAR 52.241-9 Connection Charge.
    …100 percent of the amount of each such bill. (2) In the event the Contractor, before any termination of this contract but after completion of the facilities provided for in this clause, serves any customer other than the Government (regard…
  • FAR 52.245-1 Government Property.
    …g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and (…
  • FAR 52.250-3 SAFETY Act Block Designation/Certification.
    …vant to homeland security may be deemed a technology. SAFETY Act certification means a determination by DHS pursuant to 6 U.S.C. 442(d), as further delineated in 6 CFR 25.9, that a QATT for which a SAFETY Act designation has been issued is…
  • FAR 52.250-4 SAFETY Act Pre-qualification Designation Notice.
    …vant to homeland security may be deemed a technology. SAFETY Act certification means a determination by DHS pursuant to 6 U.S.C. 442(d), as further delineated in 6 CFR 25.9, that a QATT for which a SAFETY Act designation has been issued is…
  • DFARS 215.404-1 Proposal analysis techniques.
    …nces are those that could reasonably be expected to influence the contracting officer's determination of price reasonableness. The contracting officer shall consider the following factors when evaluating the relevance of the information ava…
  • FAR 41.101 Definitions.
    …lities, which are installed, owned, operated, and maintained by the utility supplier (see Termination liability). Delegated agency means an agency that has received a written delegation of authority from GSA to contract for utility service…
  • FAR 41.205 Separate contracts.
    …equirements and related costs. (3) The utility supplier's rates, connection charges, and termination liability. (4) Total estimated contract value (including costs in subparagraphs (b) (2) and (3) of this subsection). (5) Any technical o…
  • FAR 49.402-2 Effect of termination for default.
    (a) Under a termination for default, the Government is not liable for the contractor's costs on undelivered work and is entitled to the repayment of advance and progress payments, if any, applicable to that work. The Government may elect, u…
  • FAR 49.406 Liquidation of liability.
    …iously made to the contractor and any progress payments due for work completed before the termination to liquidate the contractor's and the surety's liability to the Government. If the retained and unpaid amounts are insufficient, the contr…
  • DFARS 207.470 Statutory requirements.
    …ined in 10 U.S.C. 3674(a)(1); or (2) The terms of the contract provide for a substantial termination liability as defined in 10 U.S.C. 3674(b). Also see PGI 207.470. (b) Limitation on contracts with terms of 18 months or more. As required…
  • DFARS 228.370-2 General.
    …e contractor's share of loss provisions, the contracting officer shall make a liability determination in accordance with paragraph (g) of this section. (2) Contracting officers should consult with the requiring activity and the assigned co…
  • DFARS 241.202 Procedures.
    …tractual treatment of connection and service charges is— (i) No connection charge. (ii) Termination liability. Use when an obligation is necessary to secure the required services. The obligation must be not more than the agreed connection…
  • DFARS 252.217-7012 Liability and insurance.
    …ss or damage; or (ii) Terminate the repair of any part or all of the vessel(s) under the Termination for Convenience of the Government clause of this agreement. (End of clause)
  • DFARS 252.239-7011 Special construction and equipment charges.
    …not include costs incurred by the Contractor which are covered by— (1) A cancellation or termination liability; or (2) The Contractor's recurring or other nonrecurring charges. (e) The Contractor represents that— (1) Recurring charges f…
  • DFARS 252.239-7013 Term of Agreement and Continuation of Services.
    …in force from year to year, unless terminated by either party by 30 days' written notice. Termination of this basic agreement does not terminate or cancel any communication service authorizations issued under this basic agreement prior to t…
  • DFARS 252.241-7000 Superseding contract.
    …vernment, any remaining credits due to the Government under the connection charge, or any termination liability are transferred to this contract, as follows: Capital Credits (List years and accrued credits by year and separate delivery po…
  • DFARS 252.247-7007 Liability and insurance.
    …e Contracting Officer will be withheld from payments otherwise due the Contractor. (2) Determination of liability and responsibility by the Contracting Officer will constitute questions of fact within the meaning of the Disputes clause of …
  • FAR 9.406-2 Causes for debarment.
    …an overpayments resulting from contract financing payments as defined in 32.001. (vii) Determination of a false certification under 52.209-13, Violation of Arms Control Treaties or Agreements-Certification. (2) A contractor, based on a de…
  • FAR 12.209 Determination of price reasonableness.
    While the contracting officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or subpart 15.4, as applicable, the contracting officer should be aware of customary commercial terms and conditions when pricing comme…
  • FAR 15.404-4 Profit.
    …ficer's signature on the price negotiation memorandum or other documentation supporting determination of fair and reasonable price documents the contracting officer's determination that the statutory price or fee limitations have not been e…
  • FAR 31.001 Definitions.
    …ces between actuarial assumptions and actual experience. Actuarial valuation means the determination, as of a specified date, of the normal cost, actuarial accrued liability, actuarial value of the assets of a pension plan, and other relev…
  • FAR 32.803 Policies.
    … under which full payment has been made, may include a no-setoff commitment only when a determination of need is made by the head of the agency, in accordance with the Presidential delegation of authority dated October 3, 1995, and after su…
  • FAR 41.301 Requirements.
    …nd related charges or costs: (i) Proposed refundable or nonrefundable connection charge, termination liability, or other facilities charge to be paid by the agency, together with a description of the supplier's proposed facilities and esti…
  • FAR 42.302 Contract administration functions.
    …es and billing rates for those contractors meeting the criteria for contracting officer determination in subpart 42.7. (10) Attempt to resolve issues in controversy, using ADR procedures when appropriate (see subpart 33.2); prepare finding…
  • FAR 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
    …)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make …
  • FAR 52.216-7 Allowable Cost and Payment.
    …l report. (M) Minutes from board of directors meetings. (N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year. (O) Contract briefings, which generally include a synopsis of a…
  • FAR 52.227-14 Rights in Data—General.
    …kings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit …
  • FAR 52.232-16 Progress Payments.
    …in excess of the contract price of the items. (b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, oth…
  • DFARS 213.270 Use of the Governmentwide commercial purchase card.
    …neral or flag officer or a member of the Senior Executive Service (SES) makes a written determination that— (i) The source or sources available for the supply or service do not accept the purchase card; and (ii) The contracting office is …

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.