SPE8EC-23-D-0019 4 

ADDENDUM TO FAR 52.212-4

The clauses listed below are incorporated by reference with the same force and effect as if it was given in full 

text:

FAR 52.211-15, Defense Priority and Allocation Requirements (APR 2008)

FAR 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (JUNE 2020) 

FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) 

FAR 52.232-40, Providing Accelerated Payments to Small Business Contractors (MAR 2023)

FAR 52.242-5, Payments to Small Business Subcontractors (JAN 2017) 

DFARS 252.225-7048, Export Controlled Items (JUN 2013) 

DFARS 252.232-7006, Wide Area Workflow Payment Instructions (JAN 2023) 

The following Federal Acquisition Regulation (FAR) clause is included in the contract by reference to implement 

provisions of law or Executive orders applicable to acquisitions of commercial items or components: 

FAR 52.203-3, Gratuities (APR 1984) 

The following DFARS clauses are included in this contract by reference to implement provisions of law or 

Executive orders applicable to acquisitions of commercial items or components: 

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 

DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019) 

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (SEP 2022)

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 

2023) 

DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) 

DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (JUN 2023) 

DFARS 252.211-7003, Item Unique Identification and Valuation (JAN 2023) 

DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (DEC 2019) 

DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JAN 2023) 

DFARS 252.225-7012, Preference for Certain Domestic Commodities (APR 2022) 

DFARS 252.225-7021, Trade Agreements (JAN 2023) 

DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) 

DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) 

DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005) 

DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native 

Hawaiian Small Business Concerns (JAN 2023) 

DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (JAN 2023) 

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 

DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) 

DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2022) 

DFARS 252.244-7000, Subcontracts for Commercial Items (JAN 2023) 

DFARS 252.247-7028, Application for U.S. Government Shipping Documentation/Instructions (JUN 2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required 

to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the 

following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded 

at any tier under this contract: 

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (MAR 2023) 

DFARS 252.227-7015, Technical Data – Commercial Items (MAR 2023) 

DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JAN 2023) 

DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JAN 2023) 

DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JAN 

2023) 

DFARS 252.247-7023, Transportation of Supplies by Sea (JAN 2023) 

TIME OF DELIVERY – F.O.B. POINT 

(a) Time of Delivery


SPE8EC-23-D-0019 7 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 

indicated as being incorporated in this contract by reference to implement provisions of law or Executive 

orders applicable to acquisitions of commercial products and commercial services: 

[Contracting Officer check as appropriate.] 

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 

2021) (41 U.S.C. 4704 and 10 U.S.C. 2402). 

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)). 

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and 

Reinvestment Act of 2009.) 

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. 

L. 109-282) ( 31 U.S.C. 6101 note). 

__ (5) [Reserved]. 

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. 

C). 

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) 

(Pub. L. 111-117, section 743 of Div. C). 

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, 

Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note). 

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 

U.S.C. 2313). 

__ (10) [Reserved]. 

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a). 

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) 

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). 

__ (13) [Reserved] 

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). 

__ (ii) Alternate I (Mar 2020) of 52.219-6. 

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644). 

__ (ii) Alternate I (Mar 2020) of 52.219-7. 

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). 

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)). 

__ (ii) Alternate I (Nov 2016) of 52.219-9. 

_X_ (iii) Alternate II (Nov 2016) of 52.219-9. 

__ (iv) Alternate III (Jun 2020) of 52.219-9. 

__ (v) Alternate IV (Sep 2021) of 52.219-9. 

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). 

__ (ii) Alternate I (Mar 2020) of 52.219-13. 

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s). 

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). 

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 

U.S.C. 657f). 

_X_ (22) (i) 52.219-28, Post Award Small Business Program Representation (MAR 2023) (15 U.S.C. 

632(a)(2)). 

__ (ii) Alternate I (Mar 2020) of 52.219-28. 

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged WomenOwned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)). 

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business 

Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)). 

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)). 

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)). 

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). 

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126). 

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). 

__ (ii) Alternate I (Feb 1999) of 52.222-26. 

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 

__ (ii) Alternate I (Jul 2014) of 52.222-35. 

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 

__ (ii) Alternate I (Jul 2014) of 52.222-36. 

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 
SPE8EC-23-D-0019 8 

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 

(E.O. 13496). 

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 

13627). 

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) . (Executive Order 12989). (Not 

applicable to the acquisition of commercially available off-the-shelf items or certain other types of 

commercial products or commercial services as prescribed in FAR 22.1803.) 

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 

2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf 

items.) 

 __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of 

commercially available off-the-shelf items.) 

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons 

(Jun 2016) (E.O. 13693). 

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air 

Conditioners (Jun 2016) (E.O. 13693). 

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 

13514). 

__ (ii) Alternate I (Oct 2015) of 52.223-13. 

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). 

__ (ii) Alternate I (Jun2014) of 52.223-14. 

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b). 

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 

13423 and 13514). 

__ (ii) Alternate I (Jun 2014) of 52.223-16. 

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 

13513). 

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). 

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693). 

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). 

__ (ii) Alternate I (Jan 2017) of 52.224-3. 

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83). 

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 

U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 

Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, 

and 112-43. 

__ (ii) Alternate I (Jan 2021) of 52.225-3. 

__ (iii) Alternate II (Jan 2021) of 52.225-3. 

__ (iv) Alternate III (Jan 2021) of 52.225-3. 

_X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). 

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and 

statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 

 __ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) 

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 

2302Note). 

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150). 

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 

5150). 

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). 

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services 

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). 

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 

U.S.C. 4505, 10 U.S.C. 2307(f)). 

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 

U.S.C. 3332). 

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 

2013) (31 U.S.C. 3332). 

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). 

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). 

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). 

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 

55305 and 10 U.S.C. 2631). 
SPE8EC-23-D-0019 9 

__ (ii) Alternate I (Apr 2003) of 52.247-64. 

__ (iii) Alternate II (Nov 2021) of 52.247-64. 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial 

services, that the Contracting Officer has indicated as being incorporated in this contract by reference to 

implement provisions of law or Executive orders applicable to acquisitions of commercial products and 

commercial services: 

[Contracting Officer check as appropriate.] 

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67). 

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. 

chapter 67). 

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment 

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). 

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 

2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). 

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). 

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for 

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). 

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). 

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). 

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this 

paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified 

acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain 

the clause at 52.215-2, Audit and Records-Negotiation. 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller 

General, shall have access to and right to examine any of the Contractor’s directly pertinent records 

involving transactions related to this contract. 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other 

evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for 

any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this 

contract. If this contract is completely or partially terminated, the records relating to the work terminated shall 

be made available for 3 years after any resulting final termination settlement. Records relating to appeals 

under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract 

shall be made available until such appeals, litigation, or claims are finally resolved. 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and 

other data, regardless of type and regardless of form. This does not require the Contractor to create or 

maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to 

a provision of law. 

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the 

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a 

subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent 

of the flow down shall be as required by the clause- 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509). 

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 

2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 

2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in 

continuing resolutions)). 

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by 

Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). 
SPE8EC-23-D-0019 10 

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services 

or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). 

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all 

subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small 

business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract 

award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting 

opportunities. 

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). 

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). 

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). 

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). 

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). 

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. 

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). 

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627). 

 (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). 

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for 

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67). 

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain 

Services-Requirements (May 2014) (41 U.S.C. chapter 67). 

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). 

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020). 

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). 

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). 

 (B) Alternate I (Jan 2017) of 52.224-3. 

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) 

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 

Note). 

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). 

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. 

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. 

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. 

(2) While not required, the Contractor may include in its subcontracts for commercial products and 

commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. 

DFARS 252.246-7008 Sources of Electronic Parts (Jan 2023) 

(a) Definitions. As used in this clause— 
SPE8EC-23-D-0019 11 

“Authorized aftermarket manufacturer” means an organization that fabricates a part under a contract with, or 

with the express written authority of, the original component manufacturer based on the original component 

manufacturer’s designs, formulas, and/or specifications. 

“Authorized supplier” means a supplier, distributor, or an aftermarket manufacturer with a contractual 

arrangement with, or the express written authority of, the original manufacturer or current design activity to 

buy, stock, repackage, sell, or distribute the part. 

“Contract manufacturer” means a company that produces goods under contract for another company under 

the label or brand name of that company. 

“Contractor-approved supplier” means a supplier that does not have a contractual agreement with the 

original component manufacturer for a transaction, but has been identified as trustworthy by a contractor or 

subcontractor. 

“Electronic part” means an integrated circuit, a discrete electronic component (including, but not limited to, a 

transistor, capacitor, resistor, or diode), or a circuit assembly (section 818(f)(2) of Pub. L. 112-81). 

"Original component manufacturer" means an organization that designs and/or engineers a part and is 

entitled to any intellectual property rights to that part. 

“Original equipment manufacturer” means a company that manufactures products that it has designed from 

purchased components and sells those products under the company's brand name. 

“Original manufacturer” means the original component manufacturer, the original equipment manufacturer, 

or the contract manufacturer. 

(b) Selecting suppliers. In accordance with section 818(c)(3) of the National Defense Authorization Act for 

Fiscal Year 2012 (Pub. L. 112-81), as amended by section 817 of the National Defense Authorization Act for 

Fiscal Year 2015 (Pub. L. 113-291) and section 885 of the National Defense Authorization Act for Fiscal 

Year 2016 (Pub. L. 114-92), the Contractor shall— 

(1) First obtain electronic parts that are in production by the original manufacturer or an authorized 

aftermarket manufacturer or currently available in stock from— 

(i) The original manufacturers of the parts; 

(ii) Their authorized suppliers; or 

(iii) Suppliers that obtain such parts exclusively from the original manufacturers of the parts or their 

authorized suppliers; 

(2) If electronic parts are not available as provided in paragraph (b)(1) of this clause, obtain electronic parts 

that are not in production by the original manufacturer or an authorized aftermarket manufacturer, and that 

are not currently available in stock from a source listed in paragraph (b)(1) of this clause, from suppliers 

identified by the Contractor as contractor-approved suppliers, provided that— 

(i) For identifying and approving such contractor-approved suppliers, the Contractor uses established 

counterfeit prevention industry standards and processes (including inspection, testing, and authentication), 

such as the DoD-adopted standards at https://assist.dla.mil; 

(ii) The Contractor assumes responsibility for the authenticity of parts provided by such contractor-approved 

suppliers; and 

(iii) The Contractor’s selection of such contractor-approved suppliers is subject to review, audit, and 

approval by the Government, generally in conjunction with a contractor purchasing system review or other 

surveillance of purchasing practices by the contract administration office, or if the Government obtains 

credible evidence that a contractor–approved supplier has provided counterfeit parts. The Contractor may 

proceed with the acquisition of electronic parts from a contractor-approved supplier unless otherwise notified 

by DoD; or 

(3)(i) Take the actions in paragraph (b)(3)(ii) of this clause if the Contractor— 

(A) Obtains an electronic part from— 

(1) A source other than any of the sources identified in paragraph (b)(1) or (b)(2) of this clause, due to 

nonavailability from such sources; or 

(2) A subcontractor (other than the original manufacturer) that refuses to accept flowdown of this clause; or 

(B) Cannot confirm that an electronic part is new or previously unused and that it has not been comingled in 

supplier new production or stock with used, refurbished, reclaimed, or returned parts. 

(ii) If the contractor obtains an electronic part or cannot confirm an electronic part pursuant to paragraph 

(b)(3)(i) of this clause— 

(A) Promptly notify the Contracting Officer in writing. If such notification is required for an electronic part to 

be used in a designated lot of assemblies to be acquired under a single contract, the Contractor may submit 

one notification for the lot, providing identification of the assemblies containing the parts (e.g., serial 

numbers); 

(B) Be responsible for inspection, testing, and authentication, in accordance with existing applicable industry 

standards; and 

(C) Make documentation of inspection, testing, and authentication of such electronic parts available to the 

Government upon request. 
SPE8EC-23-D-0019 12 

(c) Traceability. If the Contractor is not the original manufacturer of, or authorized supplier for, an electronic 

part, the Contractor shall— 

(1) Have risk-based processes (taking into consideration the consequences of failure of an electronic part) 

that enable tracking of electronic parts from the original manufacturer to product acceptance by the 

Government, whether the electronic part is supplied as a discrete electronic part or is contained in an 

assembly; 

(2) If the Contractor cannot establish this traceability from the original manufacturer for a specific electronic 

part, be responsible for inspection, testing, and authentication, in accordance with existing applicable 

industry standards; and 

(3)(i) Maintain documentation of traceability (paragraph (c)(1) of this clause) or the inspection, testing, and 

authentication required when traceability cannot be established (paragraph (c)(2) of this clause) in 

accordance with FAR subpart 4.7; and 

(ii) Make such documentation available to the Government upon request. 

(d) Government sources. Contractors and subcontractors are still required to comply with the requirements 

of paragraphs (b) and (c) of this clause, as applicable, if— 

(1) Authorized to purchase electronic parts from the Federal Supply Schedule; 

(2) Purchasing electronic parts from suppliers accredited by the Defense Microelectronics Activity; or 

(3) Requisitioning electronic parts from Government inventory/stock under the authority of 252.251-7000 , 

Ordering from Government Supply Sources. 

(i) The cost of any required inspection, testing, and authentication of such parts may be charged as a direct 

cost. 

(ii) The Government is responsible for the authenticity of the requisitioned parts. If any such part is 

subsequently found to be counterfeit or suspect counterfeit, the Government will— 

(A) Promptly replace such part at no charge; and 

(B) Consider an adjustment in the contract schedule to the extent that replacement of the counterfeit or 

suspect counterfeit electronic parts caused a delay in performance. 

(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in 

subcontracts, including subcontracts for commercial products, that are for electronic parts or assemblies 

containing electronic parts, unless the subcontractor is the original manufacturer. 

(End of clause) 

FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 

(a) Definitions. As used in this clause— 

Covered application means the social networking service TikTok or any successor application or service 

developed or provided by ByteDance Limited or an entity owned by ByteDance Limited. 

Information technology, as defined in 40 U.S.C. 11101(6)— 

(1) Means any equipment or interconnected system or subsystem of equipment, used in the 

automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, 

switching, interchange, transmission, or reception of data or information by the executive agency, if the 

equipment is used by the executive agency directly or is used by a contractor under a contract with 

the executive agency that requires the use— 

(i) Of that equipment; or 

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product; 

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage 

devices necessary for security and surveillance), peripheral equipment designed to be controlled by the 

central processing unit of a computer, software, firmware and similar procedures, services (including support 

services), and related resources; but 

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract. 

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), 

the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and 

Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” 

Implementation Guidance, collectively prohibit the presence or use of a covered application on executive 

agency information technology, including certain equipment used by Federal contractors. The Contractor is 

prohibited from having or using a covered application on any information technology owned or managed by 

the Government, or on any information technology used or provided by the Contractor under this contract, 
SPE8EC-23-D-0019 13 

including equipment provided by the Contractor’s employees; however, this prohibition does not apply if 

the Contracting Officer provides written notification to the Contractor that an exception has been granted in 

accordance with OMB Memorandum M-23-13. 

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all 

subcontracts, including subcontracts for the acquisition of commercial products or commercial services. 

(End of clause) 

FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance 

Services or Equipment (NOV 2021) 

(a) Definitions. As used in this clause— 

Backhaul means intermediate links between the core network, or backbone network, and the small 

subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). 

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). 

Covered foreign country means The People’s Republic of China. 

Covered telecommunications equipment or services means– 

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or 

any subsidiary or affiliate of such entities); 

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical 

infrastructure, and other national security purposes, video surveillance and telecommunications equipment 

produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or 

Dahua Technology Company (or any subsidiary or affiliate of such entities); 

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or 

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that 

the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the 

Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise 

connected to, the government of a covered foreign country. 

Critical technology means– 

(1) Defense articles or defense services included on the United States Munitions List set forth in the 

International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal 

Regulations; 

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export 

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and 

controlled- 

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and 

biological weapons proliferation, nuclear nonproliferation, or missile technology; or 

(ii) For reasons relating to regional stability or surreptitious listening; 

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and 

technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign 

atomic energy activities); 

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations 

(relating to export and import of nuclear equipment and material); 

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of 

such Code, or part 73 of title 42 of such Code; or 

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control 

Reform Act of 2018 (50 U.S.C. 4817). 

Interconnection arrangements means arrangements governing the physical connection of two or more 

networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., 

connection of a customer of telephone provider A to a customer of telephone company B) or sharing data 

and other information resources. 

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about 

the identity of the producer or provider of covered telecommunications equipment or services used by the 

entity that excludes the need to include an internal or third-party audit. 

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network 

when unable to connect to the facilities of the home network either because signal coverage is too weak or 

because traffic is too high. 

Substantial or essential component means any component necessary for the proper function or performance 

of a piece of equipment, system, or service. 

(b) Prohibition. 

 
SPE8EC-23-D-0019 14 

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or 

obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that 

uses covered telecommunications equipment or services as a substantial or essential component of any 

system, or as critical technology as part of any system. The Contractor is prohibited from providing to the 

Government any equipment, system, or service that uses covered telecommunications equipment or 

services as a substantial or essential component of any system, or as critical technology as part of any 

system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication 

equipment or services are covered by a waiver described in FAR 4.2104. 

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 

(Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into 

a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service 

that uses covered telecommunications equipment or services as a substantial or essential component of any 

system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause 

applies or the covered telecommunication equipment or services are covered by a waiver described in 

FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, 

regardless of whether that use is in performance of work under a Federal contract. 

(c) Exceptions. This clause does not prohibit contractors from providing— 

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection 

arrangements; or 

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any 

user data or packets that such equipment transmits or otherwise handles. 

(d) Reporting requirement. 

(1) In the event the Contractor identifies covered telecommunications equipment or services used as 

a substantial or essential component of any system, or as critical technology as part of any system, during 

contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other 

source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting 

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the 

case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For 

indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery 

contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, 

identify both the indefinite delivery contract and any affected orders in the report provided 

at https://dibnet.dod.mil. 

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause 

(i) Within one business day from the date of such identification or notification: the contract number; the order 

number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and 

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer 

number, manufacturer part number, or wholesaler number); item description; and any readily available 

information about mitigation actions undertaken or recommended. 

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further 

available information about mitigation actions undertaken or recommended. In addition, the 

Contractor shall describe the efforts it undertook to prevent use or submission of covered 

telecommunications equipment or services, and any additional efforts that will be incorporated to prevent 

future use or submission of covered telecommunications equipment or services. 

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and 

excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for 

the acquisition of commercial products or commercial services. 

(End of clause)