FAR 44.403—Contract clause.
Plain-English Summary
FAR 44.403 is a narrow but important prescription about a required contract clause. It tells contracting officers to insert the clause at 52.244-6, Subcontracts for Commercial Products and Commercial Services, in solicitations and contracts that are not themselves for commercial products or commercial services. In practice, this means the Government uses this clause in noncommercial acquisitions to flow down certain subcontracting-related requirements to lower-tier purchases, even though the prime contract is not a commercial-item contract. The section is part of the broader FAR framework on subcontracting and contract administration, and it helps ensure that key protections and policy requirements still reach subcontractors in noncommercial procurements. For contracting officers, the main significance is clause selection: they must know when 52.244-6 applies and include it in the right places. For contractors, the practical effect is that the clause can impose subcontract flowdown obligations and related compliance duties even when the prime contract is not for commercial products or services.
Key Rules
Insert the required clause
The contracting officer must include FAR 52.244-6, Subcontracts for Commercial Products and Commercial Services, in the solicitation and contract. This is not optional when the rule applies.
Applies to noncommercial acquisitions
The clause is required in solicitations and contracts other than those for commercial products or commercial services. In other words, it is used for noncommercial procurements, not for contracts that are themselves for commercial products or commercial services.
Clause placement matters
The prescription covers both the solicitation and the resulting contract. The clause should be present at the solicitation stage and carried into the award document so offerors and contractors are on notice of the requirement.
Supports subcontract flowdowns
The purpose of the clause is to extend certain subcontract-related requirements into lower tiers. Even though the prime contract is noncommercial, the clause addresses subcontracts for commercial products and commercial services.
Responsibilities
Contracting Officer
Determine whether the acquisition is for commercial products or commercial services. If it is not, insert FAR 52.244-6 in the solicitation and contract and ensure the clause is properly incorporated at award.
Contractor
Review the clause when it appears in the solicitation and contract, and comply with any subcontract-related obligations that flow down under the clause in the prime contract.
Agency
Support consistent clause usage through acquisition planning, templates, and review processes so contracting officers apply the clause where required.
Practical Implications
This is a clause-selection rule, so the main day-to-day task is identifying whether the acquisition is commercial or noncommercial before issuing the solicitation.
A common pitfall is omitting the clause from a noncommercial solicitation or contract, which can create compliance gaps and require corrective action later.
Contractors should not assume that a noncommercial prime contract means no commercial-subcontract clause obligations; the clause can still apply and affect subcontracting practices.
Contracting officers should verify the clause is included in both the solicitation and the final contract document, not just one or the other.
Because the rule is brief, it is easy to overlook, but it has real downstream effects on subcontract administration and flowdown compliance.
Official Regulatory Text
The contracting officer shall insert the clause at 52.244-6 , Subcontracts for Commercial Products and Commercial Services, in solicitations and contracts other than those for commercial products or commercial services.