FAR 52.232-39 Unenforceability of Unauthorized Obligations
Clause Federal Acquisition Regulation Jun 2013 version
Facts
- Citation
- FAR 52.232-39
- Type
- Clause
- Current version
- June 2013
- Prescribed in
- FAR 32.706-3
- 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 clause.
Text
As prescribed in 32.706-3 , insert the following clause:
Unenforceability of Unauthorized Obligations (Jun 2013)
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(End of clause)
Federal Register history
Quick answers
What is FAR 52.232-39?
FAR 52.232-39 is a clause of the Federal Acquisition Regulation, titled "Unenforceability of Unauthorized Obligations".
What is the current version of FAR 52.232-39?
The current version is dated June 2013.
Where is FAR 52.232-39 prescribed?
It is prescribed in FAR 32.706-3, Clause for unenforceability of unauthorized obligations.
When was FAR 52.232-39 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 52.232-39 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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