FAR 52.213-4—Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).
Plain-English Summary
FAR 52.213-4 is the core clause used in many simplified acquisitions that are not for commercial products or commercial services. It tells contractors which FAR clauses are automatically incorporated into the contract and therefore legally binding, even if they are not repeated in full in the award document. The clause covers several major topic areas: integrity and ethics restrictions, cybersecurity and supply-chain prohibitions, labor and employment protections, payment and invoicing rules, disputes and protest rights, subcontracting requirements, and administrative matters such as computer-generated forms. It also includes a second group of clauses that apply only when the stated conditions are met, such as whistleblower protections, executive compensation reporting, child labor restrictions, wage and labor standards, veteran and disability employment requirements, service contract labor standards, and trafficking in persons. In practice, this clause matters because it is the main vehicle that brings a broad set of statutory and regulatory obligations into a simplified acquisition without requiring a full commercial-item clause set. Contractors must review it carefully at award to identify which requirements apply to their specific contract, and contracting officers must ensure the right clauses are included based on the acquisition type, dollar value, place of performance, and other triggering conditions.
Key Rules
Mandatory incorporated clauses
Paragraph (a) makes the listed clauses part of the contract by reference. These clauses apply automatically and cover ethics, prohibited sources and supply-chain restrictions, labor protections, payment terms, disputes, and subcontracting/admin requirements.
Conditional clauses apply by circumstance
Paragraph (b) includes clauses that apply only when the stated conditions are met, such as contract value thresholds, place of performance, or the nature of the work. If the condition is not met, the clause does not apply.
Statutory and executive-order compliance
Several clauses implement statutes or Executive orders, including whistleblower rights, equal opportunity, veteran and disability employment, child labor, trafficking in persons, and foreign purchase restrictions. These are not optional contract terms; they are legal compliance obligations.
Supply-chain and technology prohibitions
The clause incorporates restrictions on Kaspersky-related products and services, certain telecommunications and video surveillance equipment, ByteDance covered applications, and FASCSA orders. Contractors must avoid prohibited items and monitor their supply chain for covered sources.
Payment and invoicing rules
The clause includes standard payment provisions such as Payments, Discounts for Prompt Payment, Prompt Payment, and Unenforceability of Unauthorized Obligations. These provisions govern how invoices are handled, when discounts may apply, and what obligations are not enforceable against the Government.
Disputes and protest rights
The clause incorporates Disputes and Protest After Award, which establish the process for resolving contract disputes and the limited circumstances under which post-award protests may be pursued.
Subcontracting flowdown requirement
The clause includes 52.244-6, which requires certain subcontracting flowdowns for commercial products and commercial services. Even in a noncommercial simplified acquisition, the contractor must ensure required downstream clauses are passed to applicable subcontractors.
Thresholds and location matter
Many clauses apply only above a dollar threshold or only when performance occurs in the United States or specified territories. Contractors and contracting officers must check the exact threshold and geographic trigger in effect on the date of award.
Responsibilities
Contracting Officer
Insert the clause when prescribed, determine which conditional clauses apply, fill in any required information for alternates, and ensure the solicitation and award reflect the correct thresholds, performance locations, and exceptions.
Contractor
Comply with all incorporated clauses that apply, review the award for conditional triggers, flow down required clauses to subcontractors, avoid prohibited products and services, and maintain records needed for reporting and compliance.
Subcontractors
Follow any flowed-down requirements that apply to their subcontract, including labor, ethics, supply-chain, and reporting obligations.
Agency
Apply any agency-specific exceptions or implementation rules, especially for clauses that allow exceptions or alternate versions, and ensure internal acquisition policies align with the FAR requirements.
Practical Implications
This clause is easy to overlook because it is a single simplified-acquisition clause, but it brings in a wide range of legal obligations. Contractors should treat it as a compliance checklist, not boilerplate.
The biggest pitfall is assuming every listed clause applies automatically. Several clauses depend on contract value, place of performance, or the type of work, so contractors should verify each trigger separately.
Supply-chain prohibitions can create immediate performance risk if a prohibited product, service, or application is used anywhere in the contract effort. Contractors should screen vendors, equipment, software, and subcontractors early.
Payment and disputes clauses affect cash flow and claim handling. Contractors should understand prompt payment timing, invoice requirements, and the process for raising disputes or claims.
Contracting officers should confirm that the clause set matches the acquisition and that any required alternates or blanks are completed, because missing or misapplied clauses can create enforceability and administration problems.
Official Regulatory Text
As prescribed in 13.302-5 (d) , insert the following clause: Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Mar 2026) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (1) The clauses listed below implement provisions of law or Executive order: (i) 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)). (ii) 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). (iii) 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). (iv) 52.204-27 , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27. (v) 52.204-30 , Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II). (vi) 52.222-3 , Convict Labor (Jun 2003) (E.O. 11755). (vii) 52.222-21 , Prohibition of Segregated Facilities ( Oct 2025 ). (viii) 52.222-26 , Equal Opportunity (Sep 2016) (E.O. 11246). (ix) 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). (x) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801 ). (xi) 52.233-3 , Protest After Award (Aug 1996) ( 31 U.S.C. 3553 ). (xii) 52.233-4 , Applicable Law for Breach of Contract Claim (Oct 2004) ( Pub. L. 108-77 and 108-78 ( 19 U.S.C. 3805 note )). (2) Listed below are additional clauses that apply: (i) 52.232-1 , Payments (Apr 1984) . (ii) 52.232-8 , Discounts for Prompt Payment (Feb 2002) . (iii) 52.232-11 , Extras (Apr 1984) . (iv) 52.232-25 , Prompt Payment (Jan 2017). (v) 52.232-39 , Unenforceability of Unauthorized Obligations (Jun 2013) . (vi) 52.233-1 , Disputes (May 2014) . (vii) 52.244-6 , Subcontracts for Commercial Products and Commercial Services (Jan 2025) . (viii) 52.253-1 , Computer Generated Forms (Jan 1991) . (b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (1) The clauses listed below implement provisions of law or Executive order: (i) 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). (ii) 52.204-10 , Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ) (Applies to contracts valued at or above the threshold specified in FAR 4.1403 (a) on the date of award of this contract). (iii) 52.222-19 , Child Labor—Cooperation with Authorities and Remedies ( Mar 2026 ) ( E.O. 13126 ) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract). (iv) 52.222-20 , Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C. chapter 65 ) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands). (v) 52.222-35 , Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212 ) (Applies to contracts valued at or above the threshold specified in FAR 22.1303 (a) on the date of award of this contract). (vi) 52.222-36 , Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793 ) (Applies to contracts over the threshold specified in FAR 22.1408 (a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (vii) 52.222-37 , Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303 (a) on the date of award of this contract). (viii) 52.222-41 , Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67 ) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf). (ix) (A) 52.222-50 , Combating Trafficking in Persons ( Oct 2025 ) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts). (B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies). (x) 52.222-55 , Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 , et seq. ))). (xi) 52.222-62 , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)) (xii) 52.223-5 , Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C. 11001-11050 and 13101-13109 ) (Applies to services performed on Federal facilities). (xiii) 52.223-11 , Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671 , et seq. ) (Applies to contracts for products as prescribed at FAR 23.109 (d)(1)). (xiv) 52.223-12 , Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671 , et seq. ) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). (xv) 52.223-20 , Aerosols (May 2024) ( 42 U.S.C. 7671 , et seq. ) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). (xvi) 52.223-21 , Foams (May 2024) ( 42 U.S.C. 7671 , et seq. ) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. (xvii) 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 ) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition). (xviii) (A) 52.225-1 , Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition- (1) Is set aside for small business concerns; or (2) Cannot be set aside for small business concerns (see 19.502-2 ), and does not exceed $50,000). (B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1 : (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5 (d)(4). ]) (xix) 52.226-6 , Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States). (xx) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management (Oct 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information). (xxi) 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information). (xxii) 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.). (xxiii) 52.247-64 , Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 )(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504 (d)). (xxiv) 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) ). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products). (2) Listed below are additional clauses that may apply: (i) 52.204-21 , Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.) (ii) 52.209-6 , Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (Jan 2025) (Applies to contracts over the threshold specified in FAR 9.405-2 (b) on the date of award of this contract). (iii) 52.211-17 , Delivery of Excess Quantities ( Sept 1989 ) (Applies to fixed-price supplies). (iv) 52.247-29 , F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin). (v) 52.247-34 , F.o.b. Destination ( Jan 1991 ) (Applies to supplies if delivery is f.o.b. destination). (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) . This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): _________________________________________________________________________________ _________________________________________________________________________________ [ Insert one or more Internet addresses ] (d) Inspection/Acceptance . The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (1) Within a reasonable period of time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (e) Excusable delays . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (f) Termination for the Government's convenience . The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g) Termination for cause . The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (h) Warranty . The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (End of clause)