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ACT Purchasing FAR & DFAR Clause Listing
QF-108 Rev F., November 10, 2025
The following additional clauses may apply to this Purchase Order. The requirements flowed down in the purchase order shall also be flowed down to the supplier’s sub-tier supplier(s) as applicable.
Clauses potentially applicable to Orders regardless of value.
| FAR Regulation | Clause Number | Clause Title / Date / Applicability |
| FAR | 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017). |
| FAR | 52.204-2 | Security Requirements (Mar 2021). Applicable to Orders involving access to classified information. Orders issued to educational institutions use Alt. I. |
| FAR | 52.204-9 | Personal Identity Verification of Contractor Personnel (Jan 2011): Applies where Seller will have routine physical access to a federally-controlled facility or routine access to a Federal information system. |
| FAR | 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020): If Seller meets the thresholds specified in 52.204-10(d)(3) and (g)(2), Seller shall provide required executive compensation information for posting on to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at fsrs.gov. All information posted will be available to the general public. |
| FAR | 52.204-21 | Basic Safeguarding of Covered Contractor Information Systems (Nov 2021). |
| FAR | 52.204-23 | Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023). |
| FAR | 52.204-25 | Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021). |
| FAR | 52.204-27 | Prohibition on a ByteDance Covered Application (June 2023). |
| FAR | 52.211-15 | Defense Priority and Allocation Requirements (Apr 2008). Applies to Orders with a DPAS rating. |
| FAR | 52.222-50 | Combating Trafficking in Persons (Nov 2021). Subsections (a) – (g) and (i) apply to all Orders. Subsection (h) only applies to Orders >$550,000 for either (1) non-COTS supplies acquired outside the United States or (2) services performed outside the United States. |
| FAR | 52.223-3 | Hazardous Material Identification and Material Safety Data (Feb 2021). Applies to Orders involving the delivery of hazardous materials. |
| FAR | 52-223-11 | Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024). Applies to Orders in which ozone-depleting substances and/or HFCs are either (1) delivered as part of the Order and/or (2) are used in the production of supplies included in the Order. |
| FAR | 52.225-1 | Buy American – Supplies (Oct 2022). Seller shall not provide any foreign end products without prior written approval by ACT. |
| FAR | 52.225-8 | Duty-Free Entry (Oct 2010). Applies to Orders for: (1) Supplies identified in the Schedule to be accorded duty-free entry that will be imported into the customs territory of the United States; and (2) Other foreign supplies in excess of $15,000 to be imported into the customs territory of the United States. |
| FAR | 52.225-13 | Restrictions on Certain Foreign Purchases (Feb 2021). |
| FAR | 52.227-9 | Refund of Royalties (Apr 1984). Applies to Orders 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 (Dec 2007): Applies if this Contract covers or is likely to cover classified information. |
| FAR | 52.227-11 | Patent Rights-Ownership by the Contractor. (May 2014) Applies to Orders for experimental, developmental, or research work to be performed by a small business concern or nonprofit organization. |
| FAR | 52.234-1 | Industrial Resources Developed under Title III, Defense Production Act (Sept 2016). |
| FAR | 52.244-6 | Subcontracts for Commercial Items (Jan 2025) Applies to Orders for commercial products and services. |
| FAR | 52.247-63 | Preference for U.S.-Flag Air Carriers (Jan 2025): Applies if this Contract involves international air transportation. |
| FAR | 52.247-64 | Preference for Privately Owned U. S. Flag Commercial Vessels, Preference for Privately Owned U.S. Flag Commercial Vessels (Nov 2021). Applies to Orders requiring transport of non-commercial products by ocean vessel. Not applicable to Orders subject to DFARS 252.247-7023. |
Clauses applicable to orders >$3,500.
| FAR Regulation | Clause Number | Clause Title / Date / Applicability |
| FAR | 52.222-54 | Employment Eligibility Verification (Jan 2025). Applies to Orders for Services to be performed in the U.S. |
Clauses applicable to orders >$10,000.
| FAR Regulation | Clause Number | Clause Title / Date / Applicability |
| FAR | 52.222-40 | Notification of Employee Rights under the National Labor Relations Act (Dec 2010). |
| FAR | 52.226-8 | Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024). |
Clauses applicable to orders >$35,000.
| FAR Regulation | Clause Number | Clause Title / Date / Applicability |
| FAR | 52.209-6 | Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jan 2025), Does not apply to COTS items. Notices provided by Seller shall be forwarded to the relevant Federal agency. |
Clauses applicable to orders >$150,000.
| FAR Regulation | Clause Number | Clause Title / Date / Applicability |
| FAR | 52.203-7 | Anti-Kickback Procedures (June 2020). Applies to Orders for non-commercial items. |
| FAR | 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions (June 2020). |
| FAR | 52.222-35 | Equal Opportunity for Veterans (June 2020). |
| FAR | 52.222-36 | Affirmative Action for Workers with Disabilities (June 2020). |
| FAR | 52.222-37 | Employment Reports on Veterans (June 2020). |
Clauses applicable to orders >$250,000.
| FAR Regulation | Clause Number | Clause Title / Date / Applicability |
| FAR | 52.203-6 | Restrictions on Subcontractor Sales to the Government (June 2020). Use 52.203-6 Alt I (Nov. 2021) for Orders for commercial products or services. |
| FAR | 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity (May 2014). |
| FAR | 52.203-17 | Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Nov 2023). |
| FAR | 52.215-2 | Audit and Records Negotiation (Jun 2020). Does not apply to fixed-price Orders. |
| FAR | 52.219-8 | Utilization of Small Business Concerns (Jan 2025). |
| FAR | 52.227-1 | Authorization and Consent (June 2020). |
| FAR | 52.227-2 | Notice and Assistance Regarding patent and Copyright Infringement (June 2020). |
Clauses potentially applicable to Orders regardless of value.
| DFARS Clause | Clause Number | Clause Title / Date / Applicability |
| DFARS | 252.203-7002 | Requirement to Inform Employees of Whistleblower Rights (Dec 2022). |
| DFARS | 252.204-7000 | Disclosure of Information (Oct 2016): Applies if this Order involves access to or generation of unclassified information that may be sensitive and inappropriate for release to the public. |
| DFARS | 252.204-7009 | Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Jan 2023). |
| DFARS | 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting (Jan 2023). Applies to Orders involving controlled technical information, i.e., “information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.” |
| DFARS | 252.204-7015 | Notice of Authorized Disclosure for Litigation Support (Jan 2023). |
| DFARS | 252.204-7019 | Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2023). |
| DFARS | 252.204-7020 | NIST SP 800-171 DoD Assessment Requirements (Nov 2023). |
| DFARS | 252.204-7021 | Cybersecurity Maturity Model Certification Requirements (Jan 2023). |
| DFARS | 252.223-7001 | Hazard Warning Labels (Dec 1991). Applies if this Contract requires the delivery of hazardous materials. |
| DFARS | 252.223-7008 | Prohibition of Hexavalent Chromium (Jan 2023). |
| DFARS | 252.225-7007 | Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies (Dec 2018). Applies if this Order is for an item on the United States Munitions List or the 600 series of the Commerce Control List. |
| DFARS | 252.225-7008 | Restriction on Acquisition of Specialty Metals (Mar 2013). |
| DFARS | 252.225-7009 (excluding (d) and (e)(1)) | Restriction on Acquisition of Certain Articles Containing Specialty Metals (Jan 2023). Applies to Orders involving specialty metals. Exclude paragraphs (d) and (e)(1). Any modifications to the 2% threshold in paragraph (c)(6) shall be communicated by ACT separately and in writing. |
| DFARS | 252.225-7013 | Duty-Free Entry (Nov 2023). |
| DFARS | 252.225-7048 | Export-Controlled Items (Jun 2013). |
| DFARS | 252.227-7013 | Rights in Technical Data – Noncommercial Items (Jan 2025). Applies to Orders (except for Orders under SBIR Contracts) involving the provision of technical data for noncommercial items to the Government. |
| DFARS | 252.227-7014 | Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Jan 2025). Applies to Orders involving the provision of noncommercial computer software and related documents to the Government. |
| DFARS | 252.227-7015 | Technical Data – Commercial Items (Jan 2025). Applies to Orders involving the provision of commercial items (other than commercial software and related documentation) to the Government. |
| DFARS | 252.227-7016 | Rights in Bid or Proposal Information (Jan 2023): Applies to Orders subject to DFARS 252.227-7013, 252.227-7014, or 252.227-7018. |
| DFARS | 252.227-7018 | Rights in Noncommercial Technical Data and Computer Software – Small Business Innovation Research (SBIR) Program (Jan 2025). Applies to Orders under SBIR Contracts involving the provision of noncommercial technical data or computer software to the Government. |
| DFARS | 252.227-7019 | Validation of Asserted Restrictions – Computer Software (Jan 2025). Applies to Orders involving the provision of computer software to the Government. |
| DFARS | 252.227-7037 | Validation of Restrictive Markings on Technical Data (Jan 2025). Applies to all Orders involving the provision of technical data to the Government. |
| DFARS | 252.244-7000 | Subcontracts for Commercial Items (Nov 2023). Applies to Orders for commercial items. |
| DFARS | 252.246-7003 | Notification of Potential Safety Issues (Jan 2023): Applies to Orders for: (i) parts identified as critical safety items; (ii) systems and subsystems, assemblies, and subassemblies integral to a system; or (iii) repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system. Any required notifications shall be provided to ACT and the Contracting Officer identified to Seller. |
| DFARS | 252.246-7008 | Sources of Electronic Parts (Jan 2023). Applies to Orders for electronic parts or assemblies containing electronic parts unless the Seller is the original manufacturer. |
| DFARS | 252.247-7023(a) – (f) & (j) | Transportation of Supplies by Sea – Basic (Oct 2024): Applies to Orders subject to DFARS requiring transport of items by ocean vessel. |
Clauses applicable to orders >$250,000.
| DFARS Clause | Clause Number | Clause Title / Date / Applicability |
| DFARS | 252.203-7001 | Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies (Jan 2023): Applies to Orders to first-tier subcontractors for non-commercial items/components exceeding $250,000. |
| DFARS | 252.247-7023(all) | Transportation of Supplies by Sea – Basic (Oct 2024): Applies to Orders subject to DFARS requiring transport of items by ocean vessel. In the first sentence of paragraph (h), insert a period after “Contractor” and delete the balance of the sentence. |
Clauses applicable to orders >$500,000.
| DFARS Clause | Clause Number | Clause Title / Date / Applicability |
| DFARS | 252.226-7001 | Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Jan 2023): In subparagraph (f)(1) “Contractor” shall mean ACT. ACT shall have no liability to Seller for any incentive payment unless and until the Government provides said incentive payment to ACT. |
Clauses applicable to orders >$1,000,000.
| DFARS Clause | Clause Number | Clause Title / Date / Applicability |
| DFARS | 252.222-7006 | Restriction on the Use of Mandatory Arbitration Agreements (Jan 2023): Applies to Orders for non-commercial items. |
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