FAR clauses/Part 49/Checked 15 Sep 2026

FAR 52.249-8
Default (Fixed-Price Supply and Service)

Clause date

APR 1984

Prescribed at

FAR 49.504(a)(1). Insert in solicitations and contracts for fixed-price supply and service contracts exceeding the simplified acquisition threshold; the CO may use it at or below the SAT if appropriate (e.g., items with a history of unsatisfactory quality).

Applies to

Fixed-price supply and service contracts above the SAT (optional at or below).

Flowdown

No flowdown required
52.249-8 contains no subcontract flowdown paragraph. It is not listed in 52.244-6(c)(1) or 52.212-5(e)(1). Note that paragraph (c) excuses excess costs for causes beyond the Contractor's control "except for defaults of subcontractors at any tier," so the prime bears its subcontractors' defaults.

Full text

FAR 52.249-8 on Acquisition.gov

… (b) If the Government terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Contracting Officer considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the Government for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. …

From the clause · Codified FAR · FAC 2026-01

This is the codified text, not any agency's Revolutionary FAR Overhaul deviation. An agency running a class deviation may have this clause renumbered, rewritten or prescribed differently — check the deviation before you put a clause in a solicitation.

• 52.249-2Termination for Convenience of the Government (Fixed-Price)FAR 49.502(b)(1)(i)
• 52.249-14Excusable DelaysFAR 49.505(b)