Clauses That Are Mandatory Flowdowns

FAR Clause   Applicability of Mandatory Flowdown
     
FAR 52.203-6 Restrictions on Subcontractor Sales to the Government. (9/06)

  Applies if subcontract is greater than $150,000
     
FAR 52.203-7 Anti-Kickback Procedures. (10/10) (Less paragraph (c)(1).)

  Applies if subcontract is greater than $150,000
     
FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (9/07)

  Applies if subcontract is greater than $150,000
     
FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (10/10)
  Applies if subcontract is greater than $150,000
     
FAR 52.203-13 Contractor Code of Business Ethics and Conduct. (4/10)
  Applies if subcontract is greater than $5,000,000 and performance period greater than 120 days
     
FAR 52.203-14 Display of Hotline Poster(s). (12/07)
  Applies if subcontract is greater than $5,000,000, is for non-commercial items and not performed entirely outside the U.S.
     
FAR 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009. (6/10)
  Applies to all subcontracts that are funded in whole or in part with Recovery Act funds
     
FAR 52.204-2 Security Requirements. (8/96)
  Applies to all subcontracts that involve access to classified information.
     
FAR 52.204-9 Personal Identity Verification of Contractor Personnel. (9/07)

  Applies if subcontract requires routine subcontractor access to any federally-controlled facility or information system
     
FAR 52.208-8 Required Sources for Helium and Helium Usage Data. (4/02)

  Applies to subcontracts that involve a major helium requirement
     
FAR 52.214-26 Audit and Records--Sealed Bidding. (10/10)
  Applies if subcontract is greater than $700,000
     
FAR 52.214-28 Subcontractor Cost or Pricing Data--Modifications--Sealed Bidding. (10/97)
  Applies if subcontract is greater than $700,000
     
FAR 52.215-2 Audit and Records--Negotiation. (6/99)   Applies if subcontract is greater than $150,000 and 1) is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type subcontract, 2) requires cost or pricing data, or 3) requires cost, funding or performance reports by subcontractor
     
FAR 52.215-12 Subcontractor Cost or Pricing Data. (10/10)
  Applies if subcontract is greater than $700,000
     
FAR 52.215-13 Subcontractor Cost or Pricing Data--Modifications. (10/10)
  Applies if subcontract is greater than $700,000
     
FAR 52.215-14 Integrity of Unit Prices. (10/10) (Less paragraph (b).)   Applies to subcontracts greater than $150,000, not including subcontracts for construction or architect-engineer services under FAR Part 36, utility services under FAR Part 41, services not requiring supplies, commercial items or petroleum products
     
FAR 52.215-15 Pension Adjustments and Asset Reversions. (10/10)   Applies if subcontract requires cost/pricing data or if preaward/postaward cost determinations for subcontract are subject to Contract Cost Principles and Procedures under FAR Part 31
     
FAR 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. (7/05)   Applies if subcontract requires cost/pricing data or if preaward/postaward cost determinations for subcontract are subject to Contract Cost Principles and Procedures under FAR Part 31
     
FAR 52.215-19 Notification of Ownership Changes. (10/97)   Applies if subcontract requires cost/pricing data or if preaward/postaward cost determinations for subcontract are subject to Contract Cost Principles and Procedures under FAR Part 31
     
FAR 52.215-23 Limitations on Pass-Through Charges. (10/09)   Applies to cost-reimbursement subcontracts greater than $150,000;, except if the prime contract is with DoD, then the clause applies to cost-reimbursement subcontracts and fixed-price subcontracts greater than $700,000, not including those identified in 15.408(n)(2)(i)(B)(2)
     
FAR 52.219-8 Utilization of Small Business Concerns (10/10)   Applies to subcontracts that offer further subcontracting opportunities where the prime contract also includes FAR clause 52.219-9 Small Business Subcontracting Plan
     
FAR 52.219-9 Small Business Subcontracting Plan (10/10)   Requirements of the clause apply to subcontractors (except small business concerns) that receive contracts from the prime contractor in excess of $650,000, or $1.5 million for construction of any public facility with further subcontracting possibilities
     
FAR 52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation. (7/05)   Applies if subcontract requires or involves employing laborers and mechanics
     
FAR 52.222-6 Davis-Bacon Act. (7/05)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-7 Withholding of Funds. (2/88   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-8 Payrolls and Basic Records. (6/10)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-9 Apprentices and Trainees. (7/05)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-10 Compliance with Copeland Act Requirements. (2/88)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-11 Subcontracts (Labor Standards). (7/05)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-12 Contract Termination--Debarment. (2/88)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-13 Compliance with Davis-Bacon and Related Act Regulations. (2/88)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-14 Disputes Concerning Labor Standards. (2/88)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-15 Certification of Eligibility. (2/88)   Applies to subcontracts for construction, alterations or repairs within the U.S.
     
FAR 52.222-21 Prohibition of Segregated Facilities. (2/99)   Applies if subcontract is not exempted by the Secretary of Labor under Executive Order 11246 from requirement to include the Equal Opportunity clause
     
FAR 52.222-26 Equal Opportunity. (3/07)   Applies if subcontract is not exempted by the Secretary of Labor under Executive Order 11246 from requirement to include the Equal Opportunity clause
     
FAR 52.222-27 Affirmative Action Compliance Requirements for Construction. (2/99)   Applies to subcontracts greater than $10,000 for work involving any construction trade
     
FAR 52.222-34 Project Labor Agreement. (5/10)   Applies to subcontracts with subcontractors engaged in construction on the construction project
     
FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (9/10)   Applies if subcontract is greater than or equal to $100,000, unless exempted by rules, regulations, or orders of the Secretary of Labor
     
FAR 52.222-36 Affirmative Action for Workers with Disabilities. (10/10)   Applies if subcontract is greater than $15,000, unless exempted by rules, regulations or orders of the Secretary of Labor
     
FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (10/10)   Applies if subcontract is greater than or equal to $100,000, unless exempted by rules, regulations, or orders of the Secretary of Labor
     
FAR 52.222-41 Service Contract Act of 1965. (11/07)   Applies if subcontract is subject to Service Contract Act of 1965
     
FAR 52.222-50 Combating Trafficking in Persons. (2/09)   Applies to all subcontracts
     
FAR 52.222-51 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements. (11/07)   Applies to subcontracts for services exempt from the Service Contract Act of 1965
     
FAR 52.222-53 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements. (2/09)   Applies to subcontracts for services exempt from the Service Contract Act of 1965
     
FAR 52.222-54 Employment Eligibility Verification. (1/09)   Applies to subcontracts greater than $3,000 for services and construction, if work is performed in the United States, not including commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications)
     
FAR 52.223-7 Notice of radioactive materials. (1/97)   Applies to subcontracts for radioactive materials
     
FAR 52.223-14 Toxic Chemical Release Reporting (8/03) (Less paragraph (e))   Applies to subcontracts greater than $100,000 that are not for commercial items as defined in FAR Part 2
     
FAR 52.223-18 Contractor Policy to Ban Text Messaging While Driving. (9/10)   Applies if subcontract exceeds the micro-purchase threshold
     
FAR 52.224-2 Privacy Act. (4/84)   Applies to all subcontracts that require the design, development, or operation of a system of records on individuals
     
52.225-8 Duty-Free Entry. (10/10).   Applies to subcontracts for supplies identified in the Schedule to be accorded duty-free entry that will be imported into the customs territory of the United States and other foreign supplies in excess of $15,000 that may be imported into the customs territory of the United States
     
FAR 52.225-13 Restrictions on Certain Foreign Purchases. (6/08)   Applies to all subcontracts
     
FAR 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States. (3/08)   Applies to subcontracts that require subcontractor personnel to perform outside the United States in a designated operational area during contingency operations, humanitarian or peacekeeping operations, other military operations or military exercises, when designated by the Combatant Commander; or when supporting a diplomatic or consular mission that has been designated by the Department of State as a danger pay post
     
FAR 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (3/9)   Applies to subcontracts greater than $25,000 for the provision, service, or sale of food in the United States
     
FAR 52.227-1 Authorization and Consent. (12/07)   Applies if subcontract is expected to exceed $150,000
     
FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (12/07)   Applies if subcontract is expected to exceed $150,000
     
FAR 52.227-9 Refund of Royalties. (4/84)   Applies to subcontracts in which the amount of royalties reported during negotiation of the subcontract exceeds $250.
     
FAR 52.227-10 Filing of Patent Applications—Classified Subject Matter. (12/07)   Applies to all subcontracts that cover or are likely to cover classified subject matter
     
FAR 52.227-11 Patent Rights—Ownership by the Contractor. (12/07)   Applies if subcontract is for experimental, developmental or research work by small business concern or nonprofit
     
FAR 52.227-13 Patent Rights—Ownership by the Government. (12/07)   Applies to subcontracts for experimental, developmental, or research work
     
FAR 52.228-3 Workers’ Compensation Insurance (Defense Base Act). (4/84)   Applies if subcontract is subject to the Defense Base Act (42 U.S.C. § 1651, et seq.)
     
FAR 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas. (4/84) (paragraph (b))   Applies to all subcontracts subject to the War Hazards Compensation Act, unless the Contractor elects to assume directly the liability to subcontractor employees
     
FAR 52.228-5 Insurance--Work on a Government Installation. (1/97)   Applies if subcontract involves work on a Government installation
     
FAR 52.229-10 State of New Mexico Gross Receipts and Compensating Tax (4/03)   Applies to cost-reimbursement subcontracts; subcontracts that direct or authorize the subcontractor to acquire tangible personal property as a direct cost under a contract and title to such property passes directly to and vests in the United States upon delivery of the property by the vendor; and subcontracts for services to be performed in whole or in part within the State of New Mexico
     
FAR 52.230-2 Cost Accounting Standards. (10/10) (Less paragraph (b))   Applies to negotiated subcontracts greater than $650,000, not exempted by 48 C.F.R. 9903.201-1 from the requirement to include a Cost Accounting Standards clause; if the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, then the substance of the applicable clause set forth in subsection FAR 30.201-4 applies
     
FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices. (10/08) (Less paragraph (b))   Applies to negotiated subcontracts greater than $650,000, not exempted by 48 C.F.R. 9903.201-1 from the requirement to include a Cost Accounting Standards clause; if the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, then the substance of the applicable clause set forth in subsection FAR 30.201-4 applies
     
FAR 52.230-4 Disclosure and Consistency of Cost Accounting Practices--Foreign Concerns. (6/10)   Applies to negotiated subcontracts greater than $650,000, not exempted by 48 C.F.R. 9903.201-1 from the requirement to include a Cost Accounting Standards clause; if the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, then the substance of the applicable clause set forth in subsection FAR 30.201-4 applies
     
FAR 52.230-5 Cost Accounting Standards—Educational Institution. (10/10)   Applies to negotiated subcontracts greater than $500,000, not exempted by 48 C.F.R. 9903.201-1 from the requirement to include a Cost Accounting Standards clause; if the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, then the substance of the applicable clause set forth in subsection FAR 30.201-4 applies
     
FAR 52.230-6 Administration of Cost Accounting Standards. (6/10)   Substance of the clause applies to all negotiated subcontracts
     
FAR 52.232-27 Prompt payment for construction contracts. (10/08) (clauses listed in paragraph (c))   Applies to subcontracts for property or services (including material supplies)
     
FAR 52.234-1 Industrial Resources Developed Under Defense Production Act Title III. (12/94)   Applies to all subcontracts
     
FAR 52.234-4 Earned Value Management System. (7/06)   Applies to subcontracts listed by Contracting Officer
     
FAR 52.236-13 Accident Prevention. (11/91)   Applies to all subcontracts
     
FAR 52.237-7 Indemnification and Medical Liability Insurance. (1/97)   Applies to subcontracts for healthcare services
     
FAR 52.244-6 Subcontracts for Commercial Items. (9/10)   Applies to all subcontracts
     
FAR 52.245-1 Government Property. (8/10)   Applies to subcontracts under which Government property is acquired or furnished for subcontract performance
     
FAR 52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office. (2/06)   Applies to subcontracts to perform the move specified in the prime contract
     
FAR 52.247-63 Preference for U.S.-Flag Air Carriers. (6/03)   Applies if subcontract may involve international air transportation
     
FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. (2/06)   Applies to all subcontracts, unless the prime contract is for ocean transportation services or construction, or the supplies being transported are: 1) items the prime contractor is reselling or distributing to the Government without adding value; or 2) shipped in direct support of U.S. military contingency operations, exercises, forces deployed in connection with United Nations, or NATO humanitarian or peacekeeping operations.
     
FAR 52.248-1 Value Engineering (10/10)   Applies to subcontracts equal to or greater than $150,000
     
FAR 52.248-3 Value Engineering--Construction. (10/10)   Applies to subcontracts equal to or greater than $65,000