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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 RegulationClause NumberClause Title / Date / Applicability
FAR52.203-19Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017).
FAR52.204-2Security Requirements (Mar 2021). Applicable to Orders involving access to classified information. Orders issued to educational institutions use Alt. I.
FAR52.204-9Personal 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.
FAR52.204-10Reporting 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.
FAR52.204-21Basic Safeguarding of Covered Contractor Information Systems (Nov 2021).
FAR52.204-23Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Dec 2023). 
FAR52.204-25Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment (Nov 2021).
FAR52.204-27Prohibition on a ByteDance Covered Application (June 2023).
FAR52.211-15Defense Priority and Allocation Requirements (Apr 2008). Applies to Orders with a DPAS rating.
FAR52.222-50Combating 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.
FAR52.223-3Hazardous Material Identification and Material Safety Data (Feb 2021). Applies to Orders involving the delivery of hazardous materials.
FAR52-223-11Ozone-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.
FAR52.225-1Buy American – Supplies (Oct 2022). Seller shall not provide any foreign end products without prior written approval by ACT.
FAR52.225-8Duty-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.
FAR52.225-13Restrictions on Certain Foreign Purchases (Feb 2021). 
FAR52.227-9Refund of Royalties (Apr 1984). Applies to Orders in which the amount of royalties reported during negotiation of the subcontract exceeds $250.
FAR52.227-10Filing of Patent Applications – Classified Subject Matter (Dec 2007): Applies if this Contract covers or is likely to cover classified information.
FAR52.227-11Patent 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.
FAR52.234-1Industrial Resources Developed under Title III, Defense Production Act (Sept 2016).
FAR52.244-6Subcontracts for Commercial Items (Jan 2025) Applies to Orders for commercial products and services.
FAR52.247-63Preference for U.S.-Flag Air Carriers (Jan 2025): Applies if this Contract involves international air transportation.
FAR52.247-64Preference 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 RegulationClause NumberClause Title / Date / Applicability
FAR52.222-54Employment Eligibility Verification (Jan 2025). Applies to Orders for Services to be performed in the U.S.

Clauses applicable to orders >$10,000.

FAR RegulationClause NumberClause Title / Date / Applicability
FAR52.222-40Notification of Employee Rights under the National Labor Relations Act (Dec 2010). 
FAR52.226-8Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024).

Clauses applicable to orders >$35,000.

FAR RegulationClause NumberClause Title / Date / Applicability
FAR52.209-6Protecting 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 RegulationClause NumberClause Title / Date / Applicability
FAR52.203-7Anti-Kickback Procedures (June 2020). Applies to Orders for non-commercial items. 
FAR52.203-12Limitation on Payments to Influence Certain Federal Transactions (June 2020).
FAR52.222-35Equal Opportunity for Veterans (June 2020).
FAR52.222-36Affirmative Action for Workers with Disabilities (June 2020).
FAR52.222-37Employment Reports on Veterans (June 2020).

Clauses applicable to orders >$250,000.

FAR RegulationClause NumberClause Title / Date / Applicability
FAR52.203-6Restrictions on Subcontractor Sales to the Government (June 2020).
Use 52.203-6 Alt I (Nov. 2021) for Orders for commercial products or services.
FAR52.203-10Price or Fee Adjustment for Illegal or Improper Activity (May 2014).
FAR52.203-17Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Nov 2023).
FAR52.215-2Audit and Records Negotiation (Jun 2020). Does not apply to fixed-price Orders.
FAR52.219-8Utilization of Small Business Concerns (Jan 2025).
FAR52.227-1Authorization and Consent (June 2020).
FAR52.227-2Notice and Assistance Regarding patent and Copyright Infringement (June 2020). 

Clauses potentially applicable to Orders regardless of value.

DFARS ClauseClause NumberClause Title / Date / Applicability
DFARS252.203-7002Requirement to Inform Employees of Whistleblower Rights (Dec 2022).
DFARS252.204-7000Disclosure 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.
DFARS252.204-7009Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Jan 2023).
DFARS252.204-7012Safeguarding 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.”
DFARS252.204-7015Notice of Authorized Disclosure for Litigation Support (Jan 2023).
DFARS252.204-7019Notice of NIST SP 800-171 DoD Assessment Requirements (Nov 2023).
DFARS252.204-7020NIST SP 800-171 DoD Assessment Requirements (Nov 2023).
DFARS252.204-7021Cybersecurity Maturity Model Certification Requirements (Jan 2023).
DFARS252.223-7001Hazard Warning Labels (Dec 1991). Applies if this Contract requires the delivery of hazardous materials.
DFARS252.223-7008Prohibition of Hexavalent Chromium (Jan 2023).
DFARS252.225-7007Prohibition 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.
DFARS252.225-7008Restriction on Acquisition of Specialty Metals (Mar 2013).
DFARS252.225-7009 (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.
DFARS252.225-7013Duty-Free Entry (Nov 2023).
DFARS252.225-7048Export-Controlled Items (Jun 2013).
DFARS252.227-7013Rights 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.  
DFARS252.227-7014Rights 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.
DFARS252.227-7015Technical Data – Commercial Items (Jan 2025). Applies to Orders involving the provision of commercial items (other than commercial software and related documentation) to the Government.
DFARS252.227-7016Rights in Bid or Proposal Information (Jan 2023): Applies to Orders subject to DFARS 252.227-7013, 252.227-7014, or 252.227-7018. 
DFARS252.227-7018Rights 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.
DFARS252.227-7019Validation of Asserted Restrictions – Computer Software (Jan 2025). Applies to Orders involving the provision of computer software to the Government. 
DFARS252.227-7037Validation of Restrictive Markings on Technical Data (Jan 2025). Applies to all Orders involving the provision of technical data to the Government.
DFARS252.244-7000Subcontracts for Commercial Items (Nov 2023). Applies to Orders for commercial items.
DFARS252.246-7003Notification 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.
DFARS252.246-7008Sources of Electronic Parts (Jan 2023). Applies to Orders for electronic parts or assemblies containing electronic parts unless the Seller is the original manufacturer.
DFARS252.247-7023(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 ClauseClause NumberClause Title / Date / Applicability
DFARS252.203-7001Prohibition 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.
DFARS252.247-7023(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 ClauseClause NumberClause Title / Date / Applicability
DFARS252.226-7001Utilization 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 ClauseClause NumberClause Title / Date / Applicability
DFARS252.222-7006Restriction on the Use of Mandatory Arbitration Agreements (Jan 2023): Applies to Orders for non-commercial items.

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