FAR 32.705 Unenforceability of Unauthorized Obligations
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 32.705
- Type
- Section
- Last amended
- 78 FR 37686 Effective Jun 21, 2013
- 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.
Federal Register history
Quick answers
What is FAR 32.705?
FAR 32.705 is a section of the Federal Acquisition Regulation, titled "Unenforceability of Unauthorized Obligations".
When was FAR 32.705 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 32.705 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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