FAR 52.212-5—Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
Plain-English Summary
FAR 52.212-5 is the commercial-item and commercial-services clause that pulls in the statutes, Executive orders, and related FAR clauses that still apply even when the Government is buying commercial products or commercial services under FAR part 12. Its purpose is to make sure commercial acquisitions carry the mandatory policy requirements that Congress or the President has directed, while preserving the streamlined commercial contracting framework. The clause is structured in two parts: paragraph (a) lists clauses that apply automatically to covered commercial contracts, and paragraph (b) lists additional clauses that apply only if the contracting officer checks them into the contract. The topics covered include internal confidentiality agreements, Kaspersky and covered telecommunications restrictions, inverted domestic corporations, accelerated payments to small business subcontractors, bid protest and breach-of-contract law provisions, subcontractor sales restrictions, ethics and whistleblower protections, executive compensation and service contract reporting, ByteDance/TikTok-related restrictions, supply chain security orders, debarment and responsibility matters, HUBZone and small business set-asides and preferences, small business subcontracting and limitations on subcontracting, liquidated damages for subcontracting plans, SDVOSB set-asides, and postaward rerepresentation. In practice, this clause is one of the main compliance “bundles” in commercial federal contracting: contractors must know which incorporated clauses apply, and contracting officers must correctly select the optional paragraph (b) clauses based on the acquisition and funding context. Because many of the incorporated clauses carry reporting, flowdown, or performance obligations, failure to include or follow them can create audit findings, payment issues, eligibility problems, or even contract remedies. For contractors, the clause is a roadmap to the noncommercial compliance requirements that still attach to a commercial award; for contracting officers, it is a checklist for ensuring the contract includes all required statutory and policy terms.
Key Rules
Automatic incorporated clauses
Paragraph (a) automatically incorporates the listed FAR clauses into covered commercial contracts. These clauses apply by operation of the contract and do not require the contracting officer to check them individually.
Optional checked clauses
Paragraph (b) applies only to the clauses the contracting officer specifically checks as incorporated. If a clause is not checked, it is not part of the contract under this section, even if it appears in the template.
Commercial-item exceptions still limited
Even in commercial acquisitions, certain statutory and Executive order requirements remain mandatory. FAR 52.212-5 is the mechanism that preserves those requirements while otherwise using commercial-item procedures.
Small business policy requirements
A large portion of paragraph (b) addresses small business programs, including set-asides, HUBZone preferences, subcontracting plans, limitations on subcontracting, liquidated damages, and rerepresentation. These provisions can affect eligibility, pricing, subcontracting strategy, and postaward administration.
Supply chain and national security restrictions
The clause includes restrictions on Kaspersky-related items, covered telecommunications and video surveillance equipment, ByteDance covered applications, and certain supply chain security orders. Contractors must screen products, services, and suppliers for these prohibitions and any agency-directed exclusions.
Integrity, ethics, and responsibility provisions
The clause also brings in ethics, whistleblower, debarment, responsibility, and confidentiality-related requirements. These provisions govern contractor conduct, reporting, and the Government’s ability to protect itself from risky or noncompliant contractors.
Reporting and payment obligations
Several incorporated clauses require reporting of executive compensation, first-tier subcontract awards, and service contract data, and one clause addresses accelerated payments to small business subcontractors. These requirements can create recurring administrative duties after award.
Responsibilities
Contracting Officer
Determine which paragraph (b) clauses are required for the specific commercial acquisition and check them into the contract. Ensure the correct clause versions, alternates, and applicability notes are used, and avoid inserting clauses that do not apply to the procurement.
Contractor
Comply with all clauses incorporated under paragraph (a) and any checked clauses under paragraph (b). Build internal controls to meet reporting, flowdown, subcontracting, sourcing, ethics, and performance requirements, and ensure subcontractors are managed consistently with applicable clauses.
Subcontractors
Follow flowed-down requirements when the prime contract or incorporated clauses require them to do so. Provide accurate information needed for reporting, sourcing, responsibility, or subcontracting compliance.
Agency/Program Office
Support the contracting officer by identifying acquisition-specific needs, funding sources, set-aside status, reporting requirements, and any supply chain or security restrictions that affect clause selection.
Small Business Concern / Socioeconomic Program Participant
If the contract is set aside or preference-based, meet the applicable eligibility, performance, and representation requirements, including limitations on subcontracting and rerepresentation obligations where applicable.
Practical Implications
Contractors should treat FAR 52.212-5 as a compliance checklist, not boilerplate. The incorporated clauses can create real obligations even in otherwise streamlined commercial buys.
The biggest drafting risk is omission or misselection of paragraph (b) clauses. If the contracting officer fails to check a required clause, the contract may not contain the intended statutory requirement; if the wrong clause is checked, the contractor may face unnecessary or unenforceable obligations.
Many of the clauses require ongoing administration after award, especially reporting, subcontracting, and responsibility-related updates. Contractors need systems to track executive compensation, first-tier subcontract awards, service contract reporting, and subcontracting plan performance.
Supply chain restrictions are a common pitfall. Contractors should screen products, software, services, and vendors for Kaspersky, covered telecommunications, ByteDance, and FASCSA-related restrictions before award and throughout performance.
Small business clauses can affect both eligibility and performance. Contractors should verify set-aside status, subcontracting plan thresholds, limitations on subcontracting, and any rerepresentation triggers early, because noncompliance can affect payment, award eligibility, or contract remedies.
Official Regulatory Text
As prescribed in 12.301 (b)(4) , insert the following clause: Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2026) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 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)). (2) 52.204-23 , Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (3) 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). (4) 52.209-10 , Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) . (5) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801 ). (6) 52.233-3 , Protest After Award (Aug 1996) (31 U.S.C. 3553). (7) 52.233-4 , Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (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 .] (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. 4655 ). (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.) (4) 52.203-17 , Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712 ); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900 (a). (5) 52.204-10 , Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). (6) [Reserved]. (7) 52.204-14 , Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (8) 52.204-15 , Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). (9) 52.204-27 , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (10) 52.204-28 , Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390 , title II). (11) (i) 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390 , title II). (ii) Alternate I (Dec 2023) of 52.204-30 . (12) 52.209-6 , Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. ( Jan 2025) ( 31 U.S.C. 6101 note ). (13) 52.209-9 , Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313 ). (14) [Reserved]. (15) 52.219-3 , Notice of HUBZone Set-Aside or Sole-Source Award ( Oct 2022 ) ( 15 U.S.C. 657a ). (16) 52.219-4 , Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2022 ) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (17) [Reserved] (18) (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 . (19) (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 . (20) 52.219-8 , Utilization of Small Business Concerns ( Jan 2025 )( 15 U.S.C. 637 (d)(2) and (3)). (21) (i) 52.219-9 , Small Business Subcontracting Plan ( Jan 2025 ) ( 15 U.S.C. 637 (d)(4)). (ii) Alternate I (Nov 2016) of 52.219-9 . (iii) Alternate II (Nov 2016) of 52.219-9 . (iv) Alternate III (Jun 2020) of 52.219-9 . (v) Alternate IV ( Jan 2025 ) of 52.219-9 . (22) (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 . (23) 52.219-14 , Limitations on Subcontracting ( Oct 2022 ) (15 U.S.C. 657s). (24) 52.219-16 , Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)). (25) 52.219-27 , Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program ( Feb 2024 ) (15 U.S.C. 657f). (26) (i) 52.219-28 , Postaward Small Business Program Rerepresentation ( Jan 2025 ) (15 U.S.C. 632(a)(2)). (ii) Alternate I (Mar 2020) of 52.219-28 . (27) 52.219-29 , Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( Oct 2022 ) (15 U.S.C. 637(m)). (28) 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 ( Oct 2022 ) (15 U.S.C. 637(m)). (29) 52.219-32 , Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644 (r)). (30) 52.219-33 , Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637 (a)(17)). (31) 52.222-3 , Convict Labor (Jun 2003) (E.O. 11755). (32) 52.222-19 , Child Labor—Cooperation with Authorities and Remedies ( Mar 2026 ) ( E.O. 13126 ). (33) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015) . (34) (i) 52.222-26 , Equal Opportunity (Sep 2016) (E.O. 11246). (ii) Alternate I (Feb 1999) of 52.222-26 . (35) (i) 52.222-35 , Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212 ). (ii) Alternate I (Jul 2014) of 52.222-35 . (36) (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 . (37) 52.222-37 , Employment Reports on Veterans ( Jun 2020 ) ( 38 U.S.C. 4212 ). (38) 52.222-40 , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (39) (i) 52.222-50 , Combating Trafficking in Persons ( Oct 2025 ) (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). (40) 52.222-54 , Employment Eligibility Verification (Jan 2025) ( 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 .) (41) (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.) (42) 52.223-11 , Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671 , et seq. ). (43) 52.223-12 , Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671 , et seq. ). (44) 52.223-20 , Aerosols (May 2024) ( 42 U.S.C. 7671 , et seq. ). (45) 52.223-21 , Foams (May 2024) ( 42 U.S.C. 7671 , et seq. ). (46) 52.223-23 , Sustainable Products and Services (May 2024) ( E.O. 14057 , 7 U.S.C. 8102 , 42 U.S.C. 6962 , 42 U.S.C. 8259b , and 42 U.S.C. 7671l ). (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) (i) 52.225-1 , Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83). (ii) Alternate I (Oct 2022) of 52.225-1 . (49) (i) 52.225-3 , Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note , 19 U.S.C. 2112 note , 19 U.S.C. 3805 note , 19 U.S.C. 4001 note , 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved]. (iii) Alternate II (Jan 2025) of 52.225-3 . (iv) Alternate III (Feb 2024) of 52.225-3 . (v) Alternate IV (Oct 2022) of 52.225-3 . (50) 52.225-5 , Trade Agreements (NOV 2023) ( 19 U.S.C. 2501 , et seq ., 19 U.S.C. 3301 note). (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. Subtitle A, Part V, Subpart G Note). (53) 52.226-4 , Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (54) 52.226-5 , Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (55) 52.226-8 , Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513 ). (56) 52.229-12 , Tax on Certain Foreign Procurements (Feb 2021) . (57) 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. 3805 ). (58) 52.232-30 , Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805 ). (59) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332 ). (60) 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). (61) 52.232-36 , Payment by Third Party (May 2014) (31 U.S.C. 3332). (62) 52.239-1 , Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). (63) 52.240-1 , Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). (64) 52.242-5 , Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). (65) (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). (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 for Contractor Workers Under Executive Order 14026 (Jan 2022) . (8) 52.222-62 , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (9) 52.226-6 , Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). (10) 52.247-69 , Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g) ). (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) 52.203-17 , Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712 ). (iii) 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)). (iv) 52.204-23 , Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (v) 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). (vi) 52.204-27 , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390 , title II). (B) Alternate I (Dec 2023) of 52.204–30. (viii) 52.219-8 , Utilization of Small Business Concerns ( Jan 2025 ) ( 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. (ix) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015) . (x) 52.222-26 , Equal Opportunity (Sep 2016) (E.O. 11246). (xi) 52.222-35 , Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (xii) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (xiii) 52.222-37 , Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). (xiv) 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 . (xv) 52.222-41 , Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67 ). (xvi) (A) 52.222-50 , Combating Trafficking in Persons ( Oct 2025 ) (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). (xvii) 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). (xviii) 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). (xix) 52.222-54 , Employment Eligibility Verification (Jan 2025) ( E.O. 12989 ). (xx) 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) . (xxi) 52.222-62 , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xxii) (A) 52.224-3 , Privacy Training (Jan 2017) ( 5 U.S.C. 552a ). (B) Alternate I (Jan 2017) of 52.224-3 . (xxiii) 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. Subtitle A, Part V, Subpart G Note). (xxiv) 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 . (xxv) 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 . (xxvi) 52.240-1 , Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). (xxvii) 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. (End of clause) Alternate I (Feb 2000) . As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause". Alternate II ( Oct 2025 ). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows: (d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App. ), or an authorized representative of either of the foregoing officials shall have access to and right to— (i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and (ii) Interview any officer or employee regarding such transactions. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than— (i) Paragraph (d) of this clause . This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and (ii) Those clauses listed in this paragraph (e)(1) . Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (A) 52.203-13 , Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509). (B) 52.203-15 , Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (C) 52.203-17 , Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712 ). (D) 52.204-23 , Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (E) 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). (F) 52.204-27 , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (G) __ ( 1 ) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) ( Pub. L. 115–390 , title II). __ ( 2 ) Alternate I (Dec 2023) 52.204-30 . (H) 52.219-8 , Utilization of Small Business Concerns ( Jan 2025 ) ( 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. (I) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015) . (J) 52.222-26 , Equal Opportunity (Sep 2016) (E.O. 11246). (K) 52.222-35 , Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (L) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (M) 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 . (N) 52.222-41 , Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67 ). (O) __ (1) 52.222-50 , Combating Trafficking in Persons ( Oct 2025 ) (22 U.S.C. chapter 78 and E.O. 13627). __ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (P) 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 ). (Q) 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 ). (R) 52.222-54 , Employment Eligibility Verification (Jan 2025 ) ( Executive Order 12989 ). (S) 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) . (T) 52.222-62 , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (U) __ (1) 52.224-3 , Privacy Training (Jan 2017) ( 5 U.S.C. 552a ). __ (2) Alternate I (Jan 2017) of 52.224-3 . (V) 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. Subtitle A, Part V, Subpart G Note). (W) 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. (X) 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 . (Y) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.). (Z) 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.