MyFCExperts

Clause

52.232-39 Unenforceability of Unauthorized Obligations.

(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:

Text excerpt from the eCFR API; read the full clause at the eCFR link above.

Applicability in the matrix

Contract types for 52.232-39 as published in the Smart Matrix
IBRYes Incorporated by reference
UCFI
FP SUPR Required
CR SUPR Required
FP R&DR Required
CR R&DR Required
FP SVCR Required
CR SVCR Required
FP CONR Required
CR CONR Required
T&M LHR Required
LMVR Required
COM SVCR Required
DDRR Required
A&ER Required
FACR Required
IND DELR Required
TRNR Required
SAPR Required
UTL SVCR Required

Reporting, not advice

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