FAR 52.246-25 — Limitation of Liability-Services

Contract clause · dated Feb 1997 · prescribed in FAR 46.805 · current through FAC 2026-01

In plain English

FAR 52.246-25, Limitation of Liability-Services, is a contract clause prescribed at FAR 46.805, most recently dated Feb 1997. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its text contains no sentence requiring insertion into subcontracts; see the flowdown section below for what that does and does not mean.

Does it flow down to subcontracts?

No flowdown mandate found in the clause text

We scanned the full clause text and found no sentence directing the contractor to insert this clause into subcontracts. That is a statement about the text, not legal advice: a prime contractor may still flow terms down contractually, an agency supplement (DFARS, VAAR, …) may add requirements, and clauses listed below (if any) may order this clause into subcontracts from the outside.

Where it's prescribed

As prescribed in 46.805 , insert the following clause:

Prescribing reference: FAR 46.805.

The official text, verbatim

FAR 52.246-25 · Feb 1997 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

As prescribed in 46.805 , insert the following clause:

Limitation of Liability-Services (Feb 1997)

  • (a) Except as provided in paragraphs (b) and (c) of this clause, and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it (including any materials furnished in conjunction with those services), the Contractor shall not be liable for loss of or damage to property of the Government that-

    • (1) Occurs after Government acceptance of services performed under this contract; and

    • (2) Results from any defects or deficiencies in the services performed or materials furnished.

  • (b) The limitation of liability under paragraph (a) of this clause shall not apply when a defect or deficiency in, or the Government’s acceptance of, services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor’s managerial personnel. The term "Contractor’s managerial personnel," as used in this clause, means the Contractor’s directors, officers, and any of the Contractor’s managers, superintendents, or equivalent representatives who have supervision or direction of-

    • (1) All or substantially all of the Contractor’s business;

    • (2) All or substantially all of the Contractor’s operations at any one plant, laboratory, or separate location at which the contract is being performed; or

    • (3) A separate and complete major industrial operation connected with the performance of this contract.

  • (c) If the Contractor carries insurance, or has established a reserve for self-insurance, covering liability for loss or damage suffered by the Government through the Contractor’s performance of services or furnishing of materials under this contract, the Contractor shall be liable to the Government, to the extent of such insurance or reserve, for loss of or damage to property of the Government occurring after Government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract.

(End of clause)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.