FAR 49.402-7 Other damages

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 49.402-7
Type
Subsection
Last amended
65 FR 46064 Effective Sep 25, 2000
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 subsection.

Text

(a) If the contracting officer terminates a contract for default or follows a course of action instead of termination for default (see 49.402-4), the contracting officer promptly must assess and demand any liquidated damages to which the Government is entitled under the contract. Under the contract clause at 52.211-11, these damages are in addition to any excess repurchase costs.

(b) If the Government has suffered any other ascertainable damages, including administrative costs, as a result of the contractor’s default, the contracting officer must, on the basis of legal advice, take appropriate action as prescribed in subpart 32.6 to assert the Government’s demand for the damages.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Liquidated Damages 65 FR 46064 · FAC 97-19

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 3 and 49 91 FR 37698 · FAR Case 2026-007, Docket No. FAR-2026-0007, Sequence No. 1 Closed Jul 23, 2026No final rule found

Sections cited

Quick answers

What is FAR 49.402-7?

FAR 49.402-7 is a subsection of the Federal Acquisition Regulation, titled "Other damages".

When was FAR 49.402-7 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Liquidated Damages" (65 FR 46064), published Jul 26, 2000 and effective Sep 25, 2000.

Are changes to FAR 49.402-7 proposed?

One proposed change has no final rule yet.

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