The referenced clauses are set forth or referred to in the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) and are incorporated by reference and shall predominate in the event of conflict with any other provision of the purchase order or agreement in which they are referenced (the “Purchase Order”) unless specifically noted. In order to make these clauses applicable to this Purchase Order unless otherwise specified herein:
necessary to preserve the intent of the clause.
The full text of FAR clauses can be found at http://acquisition.gov/comp/far/index.html . The full text of DFARS clauses can be found at http://www.acq.osd.mil/dpap/dars/ dfarspgi/current/index.html . “Commercial product”, “commercial service”, and “commercially available off-the-shelf (COTS) item” all are defined at FAR 2.101. “Purchase Order Price” price means the total price for all line items on the Purchase Order.
The Seller shall comply with all FAR and DFARS clauses identified below that are applicable to this Purchase Order/Subcontract based upon
the type of subcontract, dollar value, commerciality of the supplies or services, and any other conditions specified within each clause.
The Seller agrees to flow down all mandatory FAR and DFARS clauses to its lower-tier subcontractors as required by law, regulation, or the
terms of the applicable clause.
The following clauses are incorporated by reference and apply as indicated:
52.203-10 | Price Or Fee Adjustment For Illegal Or Improper Activity (2014-05) | Applies to all subcontracts with no dollar threshold |
52.203-12 | Limitation On Payments To Influence Certain Federal Transactions (2010-10) | Applies if the subcontract exceeds the FAR 3.808 threshold (currently $100,000). |
52.203-13 | Contractor Code of Business Ethics and Conduct (2015-10) | Applies if the subcontract exceeds $7.5 million and has a performance period of 120+ days |
52.203-17 | Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (2014-04) | Applies to all subcontracts with no dollar threshold |
52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) | Applies to all subcontracts |
52.203-3 | Covenant Against Contingent Fees (2014-05) | Applies if the subcontract exceeds the Simplified Acquisition Threshold (currently $250,000). |
52.203-6 | Restrictions On Subcontractor Sales To The Government (2006-09) | Applies if the subcontract exceeds the Simplified Acquisition Threshold (currently $250,000). |
52.203-7 | Anti-Kickback Procedures (2014-05) | Applies if the subcontract exceeds $200,000 (threshold in FAR 3.502-2(i), adjusted Oct 2025) |
52.204-2 | Security Requirements (1996-08) | Applies if the subcontract involves access to classified information. |
52.204-23 | Prohibition on Contracting for Hardware, Software, and Services Developed by Kaspersky Lab and Other Covered Entities (JUL 2018) | Applies to all subcontracts |
52.204-24 | 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. | Applies to all subcontracts with no dollar threshold |
52.204-25 | Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 2020-08 | Applies to all subcontracts at every tier, with no dollar threshold |
52.204-27 | Prohibition on a ByteDance Covered Application (Jun 2023) | Applies to all subcontracts at every tier, including commercial product/service subcontracts, with no dollar threshold. |
52.204-30 | Federal Acquisition Supply Chain Security Act Orders – Prohibition (DEC 2023) | Applies to all subcontracts, including commercial products/services, with no dollar threshold |
52.204-9 | Personal Identity Verification of Contractor Personnel 2011-01 | Applies if subcontractor employees need routine physical access to a federal facility or routine access to a federal information system (no dollar threshold). |
52.209-6 | Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 2015-10 | Applies if the subcontract exceeds $35,000 (FAR 9.405-2(b) threshold) and is not for commercially available off-the-shelf items |
52.210-1 | Market Research 2011-04 | Applies to all subcontracts with no dollar threshold |
52.211-5 | Material Requirements 2000-08 | For non-commercial supply contracts |
52.211-15 | Defense Priority and Allocation Requirement (APR 2008) | Applies if the Purchase Order is identified as a DPAS rated order |
52.215-13 | Subcontractor Certified Cost or Pricing Data-Modifications 2010-10 | Applies if the subcontract (or modification) exceeds the certified cost/pricing data threshold in FAR 15.403-4(a)(1) (currently $2 million) |
52.215-14 | Integrity of Unit Prices 2010-10 | Applies if the subcontract exceeds the Simplified Acquisition Threshold (currently $250,000) and is for supplies (not construction, A-E, utility, services-only, commercial, or petroleum). |
52.222-20 | Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 2014-05 | applies to subcontracts only under Section 8(a) of the Small Business Act (FAR 22.602), for supply/manufacturing contracts exceeding $15,000. |
52.222-21 | Prohibition of Segregated Facilities (APR 2015) | Applies to every subcontract and purchase order that is subject to the Equal Opportunity clause of the prime contract, with no dollar threshold. |
52.222-26 | Equal Opportunity (SEP 2016) | Applies to every non-exempt subcontract/purchase order where the contractor’s aggregate federal contracts exceeded $10,000 in a 12-month period. |
52.222-35 | Equal Opportunity for Veterans (Deviation 2026-O0038) | Applies if the subcontract is valued at or above the threshold in FAR 22.1303(a) (currently $150,000) |
52.222-36 | Equal Opportunity for Workers with Disabilities (Deviation 2026-O0038) | Applies to every subcontract or purchase order exceeding the threshold in FAR 22.1408(a) (currently $15,000) |
52.222-37 | Employment Reports on Veterans (Deviation 2026-O0038) | Applies if the subcontract is valued at or above the threshold in FAR 22.1303(a) (currently $150,000). |
52.222-40 | Notification of Employee Rights Under the National Labor Relations Act 2010-12 | Summary: Applies if the subcontract exceeds $10,000 and will be performed wholly or partially in the United States. |
52.222-50 | Combating Trafficking in Persons (Deviation 2026-O0038) | Applies to all subcontracts at every tier and dollar value; the added compliance plan/certification requirement kicks in for overseas subcontracts exceeding $550,000. |
52.222-54 | Employment Eligibility Verification (Deviation 2026-O0038) | Applies if the subcontract is for services or construction, exceeds $3,500, and includes work performed in the United States. |
52.222-90 | Addressing DEI Discrimination by Federal Contractors (Deviation 2026-O0038) | Applies to all subcontracts at any tier valued above the micro-purchase threshold (currently $15,000), where delivery or performance is in the United States |
52.223-18 | Encouraging Contractor Policies To Ban Text Messaging While Driving 2011-08 | Applies to all subcontracts that exceed the micro-purchase threshold (currently $15,000) |
52.225-13 | Restrictions on Certain Foreign Purchases 2008-06 | Applies to all subcontracts, with no dollar threshold. |
52.227-1 | Authorization and Consent 2007-12 | Applies if the subcontract is expected to exceed the Simplified Acquisition Threshold (currently $250,000); note the Government’s consent applies to all tiers regardless of flow down |
52.227-10 | Filing Of Patent Applications– Classified Subject Matter 2007-12 | Applies to all subcontracts that cover or are likely to cover classified subject matter, with no dollar threshold. |
52.227-14 | Rights in Data–General 2014-05 | Applies with no dollar threshold — the contractor must obtain equivalent data rights from subcontractors performing work involving contract data. |
52.227-2 | Notice And Assistance Regarding Patent And Copyright Infringement 2007-12 | Applies if the subcontract is expected to exceed the Simplified Acquisition Threshold (currently $250,000). |
52.232-40 | Providing Accelerated Payments to Small Business Subcontractors 2013-12 | Applies to all subcontracts with small business concerns, with no dollar threshold. |
52.233-1 | Disputes 2014-05 | Applies to all subcontracts |
52.244-6 | Subcontracts for Commercial Products and Commercial Services (DEVIATION 2025- O0003)(2025-03) | Applies to all subcontracts for commercial products or services (no dollar threshold), and itself lists the |
limited FAR clauses that must further flow down. | ||
52.245-1 | Government Property 2017-01 | Applies to all subcontracts under which Government property is acquired or furnished, with no dollar threshold. |
52.245-9 | Use And Charges 2012-04 | Applies to subcontracts of any tier under the prime contract where Government property is used, with no dollar threshold. |
52.248-1 | Value Engineering 2010-10 | Applies (mandatory) if the subcontract is valued at or above the Simplified Acquisition Threshold (currently $250,000) |
252.203-7000 | Requirements Relating to Compensation of Former DoD Officials 2011-09 | Applies if the subcontract exceeds the threshold in DFARS 203.1004(b)(2)(ii) (currently $10,000), except for commercial product/service subcontracts. |
252.203-7002 | Requirement to Inform Employees of Whistleblower Rights 2013-09 | Applies to all subcontracts, with no dollar threshold. |
252.203-7004 | Display of Hotline Posters 2016-10 | Applies if the subcontract exceeds the threshold in DFARS 203.1004(b)(2)(ii) (currently $7.5 million), except for commercial product/service subcontracts |
252.204-7000 | Disclosure Of Information 2016-10 | Applies to each subcontract under the contract, with no dollar threshold. |
252.204-7012 | Safeguarding Covered Defense 2016-10 | Applies (without alteration) to subcontracts involving covered defense information or operationally critical support, with no dollar threshold (COTS-only subcontracts excluded). |
252.204-7015 | Notice of Authorized Disclosure of Information for Litigation Support 2016-05 | Applies to all subcontracts, including commercial product/service subcontracts, with no dollar threshold. |
252.211-7003 | Item Unique Identification and Valuation 2016-03 | Applies if the subcontract involves items requiring item unique identification (generally unit acquisition cost of $5,000 or more, or items designated for serialized tracking), with no separate dollar threshold on the subcontract itself. |
252.211-7006 | Passive Radio Frequency Identification 2017-12 | Despite being removed in 2022, it is applicable to Fibrotex’s contract |
252.222-7006 | Restrictions on the Use of Mandatory Arbitration Agreements 2010-12 | Applies to “covered subcontracts” valued in excess of $1 million (excluding commercial product/service subcontracts), at any tier. |
252.223-7006 | Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials 2014-09 | Applies to all subcontracts at any tier that require, may require, or permit |
subcontractor access to a DoD installation, with no dollar threshold | ||
252.223-7008 | Prohibition of Hexavalent Chromium 2013-06 | Applies to all subcontracts (including commercial) that are for supplies, maintenance/repair services, or construction, with no dollar threshold. |
252.225-7001 | Buy American and Balance of Payments Program-Basic (Dec 2017) | it obligates the prime contractor to ensure delivered end products meet the domestic/qualifying-country content requirements, regardless of subcontract tier. |
252.225-7004 | Report of Intended Performance Outside the United States and Canada–Submission after Award 2015-10 | Applies if a first-tier subcontractor will perform work outside the US/Canada exceeding the threshold in DFARS 225.7201(a) (contract value over $15 million triggers the clause). |
252.225-7009 | Restriction on Acquisition of Certain Articles Containing Specialty Metals (Jun 2012) | Applies to subcontracts (including commercial products) that are for items containing specialty metals, with no dollar threshold. |
252.225-7012 | Preference For Certain Domestic Commodities2017-12 | Applies if the subcontractor is furnishing any of the specific food, clothing, textile, hand/measuring tool, or specialty metal items covered by this clause, with no dollar threshold specified in the clause itself. |
252.225-7013 | Duty-Free Entry – Basic (May 2016) | Applies to subcontracts for qualifying-country supplies or nonqualifying-country components for which estimated duty exceeds $200 per unit. |
252.225-7043 | Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States 2015-06 | Applies to subcontractors performing or traveling outside the United States under the contract, with no dollar threshold (with certain foreign-entity exceptions). |
252.225-7048 | Export-Controlled Items 2013-06 | Applies to all subcontracts, including commercial item subcontracts, with no dollar threshold. |
252.226-7001 | Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 2004-09 | Applies if the contract exceeds $500,000, |
252.227-7015 | Technical Data–Commercial Items 2014-02 | Applies whenever technical data related to commercial products/services developed at private expense will be obtained from a subcontractor for delivery to the Government, with no dollar threshold. |
252.227-7016 | Rights in Bid or Proposal Information 2011-01 | Applies to all subcontracts or similar contractual instruments (without alteration, except to identify the parties), with no dollar threshold. |
252.227-7025 | Limitations on the Use or Disclosure of Government- Furnished Information Marked 2013-05 | Applies with no dollar threshold |
252.227-7027 | Deferred Ordering Of Technical Data Or Computer Software (1988-04) | Applies with no dollar threshold |
252.227-7037 | Validation of Restrictive Markings on Technical Data (2016-09) | Applies to all subcontracts at any tier requiring delivery of technical data, with no dollar threshold. |
252.243-7001 | Pricing of Contract Modifications (2012-04) | Applies to all subcontracts with no dollar threshold |
252.245-7002 | Reporting Loss of Government Property (2017-12) | Despite being removed and consolidated into DFARS 252.245-7005, this applies to Fibrotex’s contract if government-furnished property is furnished. |
252.247-7023 | Transportation of Supplies by Sea (2014-04) | Applies to all subcontracts for the covered supply types — full clause above the Simplified Acquisition Threshold (currently $250,000), and a partial version (paragraphs a–f) at or below it. |
252.247-7024 | Notification Of Transportation Of Supplies By Sea (2000-03) | Despite being removed and consolidated into DFARS 252.247-7023, this applies to Fibrotex’s contract. |
