FAR 13.202 Unenforceability of unauthorized obligations in micro-purchases

Section Federal Acquisition Regulation

Facts

Citation
FAR 13.202
Type
Section
Last amended
78 FR 37686 Effective Jun 21, 2013
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

Many supplies or services are acquired subject to supplier license agreements. These are particularly common in information technology acquisitions, but they may apply to any supply or service. For example, computer software and services delivered through the internet (web services) are often subject to license agreements, referred to as End User License Agreements (EULA), Terms of Service (TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government. The clause at 52.232-39, Unenforceability of Unauthorized Obligations, automatically applies to any micro-purchase, including those made with the Governmentwide purchase card. This clause prevents such violations of the Anti-Deficiency Act (31 U.S.C. 1341).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Terms of Service and Open-Ended Indemnification, and Unenforceability of Unauthorized Obligations 78 FR 37686 · FAC 2005-67

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary FAR Overhaul Parts 8, 12, 13, 15, 38, 44, and 51 91 FR 59406 · FAR Case 2026-003, Docket No. FAR-2026-0003, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

Quick answers

What is FAR 13.202?

FAR 13.202 is a section of the Federal Acquisition Regulation, titled "Unenforceability of unauthorized obligations in micro-purchases".

When was FAR 13.202 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Terms of Service and Open-Ended Indemnification, and Unenforceability of Unauthorized Obligations" (78 FR 37686), published Jun 21, 2013 and effective Jun 21, 2013.

Are changes to FAR 13.202 proposed?

One proposed change has no final rule yet.

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