Unenforceability of unauthorized obligations.

Federal Acquisition Regulations System 1 2023-10-01 2023-10-01 false Unenforceability of unauthorized obligations. 12.216 Section 12.216 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION ACQUISITION PLANNING ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Special Requirements for the Acquisition of Commercial Products and Commercial Services 12.216 Unenforceability of unauthorized obligations. Many supplies or services are acquired subject to supplier license agreements. These are particularly common in information technology acquisitions, but they may apply to any supply or service. For example, computer software and services delivered through the internet (web services) are often subject to license agreements, referred to as End User License Agreements (EULA), Terms of Service (TOS), or other similar legal instruments or agreements. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act (31 U.S.C. 1341) if agreed to by the Government. Paragraph (u) of the clause at 52.212–4 prevents any such violations. [78 FR 37688, June 21, 2013]