FAR 52.244-6—Subcontracts for Commercial Products and Commercial Services.
Plain-English Summary
FAR 52.244-6 is the core commercial-item subcontract flowdown clause. It tells contractors how to structure subcontracts for commercial products and commercial services, including the requirement to use commercial products, commercial services, or non-developmental items to the maximum extent practicable, and it identifies the specific clauses that must be flowed down to certain commercial subcontracts. The clause also defines key terms such as commercial product, commercial service, COTS item, and subcontract, including transfers between divisions, subsidiaries, or affiliates. Its mandatory flowdowns cover business ethics and whistleblower protections, safeguarding of contractor information systems, cybersecurity and supply-chain restrictions, small business utilization, equal employment opportunity and labor protections, privacy training, trafficking, paid sick leave and minimum wage requirements, private security functions, foreign vessel preference, and several supply-chain security prohibitions involving Kaspersky, covered telecommunications, ByteDance, FASCSA orders, and American Security Drone Act-covered foreign entities. In practice, this clause is important because it balances the commercial-item policy of minimizing government-unique terms with the need to pass through certain statutory and regulatory protections and restrictions to lower tiers. Contractors must know which clauses are mandatory, when flowdown is triggered by other clauses, and when a subcontract is exempt because it is for a COTS item. Contracting officers use this clause to preserve commercial marketplace practices while ensuring essential compliance requirements reach the subcontract level.
Key Rules
Use FAR definitions
The clause relies on FAR 2.101 for the meanings of commercial product, commercial service, and COTS item. It also treats transfers between divisions, subsidiaries, or affiliates as subcontracts, which prevents contractors from avoiding flowdown obligations through internal corporate structures.
Maximize commercial components
To the maximum extent practicable, the contractor must incorporate commercial products, commercial services, or non-developmental items into the items supplied under the contract. The same expectation applies down the supply chain, so subcontractors at all tiers should be directed to do the same where feasible.
Mandatory ethics and whistleblower flowdowns
Certain integrity and whistleblower clauses must be inserted into commercial subcontracts when their specific conditions are met, including 52.203-13, 52.203-15, 52.203-17, and 52.203-19. For 52.203-13, the subcontract must exceed the applicable threshold and have a performance period of more than 120 days; disclosures must go to the agency OIG with a copy to the CO.
Mandatory safeguarding and cyber clauses
The contractor must flow down 52.204-21 when required by that clause, except for COTS subcontracts, and must also flow down the supply-chain and technology restriction clauses listed in 52.204-23, 52.204-25, 52.204-27, and 52.204-30, including Alternate I where applicable. These requirements are intended to protect government systems, data, and supply chains from prohibited products and services.
Small business and labor protections
If the subcontract offers further subcontracting opportunities, 52.219-8 must be flowed down, and if the subcontract exceeds the applicable threshold and is not to a small business, the lower-tier subcontractor must also include 52.219-8 in subcontracts that offer subcontracting opportunities. The clause also requires flowdown of equal opportunity, veterans, disability, NLRA notice, trafficking, minimum wage, and paid sick leave clauses when their own flowdown conditions are met.
Privacy and security-related flowdowns
The contractor must flow down 52.224-3 when required, including Alternate I if the agency requires only agency-provided privacy training. It must also flow down 52.225-26 for private security functions outside the United States when applicable, reflecting heightened personnel and conduct requirements in sensitive overseas work.
Payment and transportation-related flowdowns
The clause requires flowdown of 52.232-40 when applicable to accelerated payments to small business subcontractors, and 52.247-64 when the prime clause requires it for privately owned U.S.-flag commercial vessels. These provisions support cash flow for small businesses and maritime preference policies.
Limited optional flowdowns
The contractor may, but is not required to, flow down a minimal number of additional clauses to commercial subcontracts. This preserves commercial marketplace practices while allowing the contractor to add only those extra terms that are truly necessary for administration or risk control.
Responsibilities
Contracting Officer
Decide whether the clause is included in the prime contract under the prescription in FAR 44.403 and ensure the correct version and alternates are used. The CO should also understand which downstream clauses are mandatory by operation of the clause and which are triggered only if the referenced clause requires flowdown.
Prime Contractor
Insert the required clauses into commercial product and commercial service subcontracts when the stated conditions are met, ensure lower-tier flowdowns occur where required, and structure purchasing to use commercial items and non-developmental items to the maximum extent practicable. The contractor must also treat internal transfers between affiliates as subcontracts for purposes of this clause.
Subcontractor
Accept and comply with flowed-down clauses that apply to its subcontract, and pass required clauses further down the chain when the clause or the referenced clause requires lower-tier flowdown. Subcontractors must also maintain compliance with ethics, labor, cybersecurity, and supply-chain restrictions that attach to their work.
Agency/OIG
Receive disclosures of violations of the civil False Claims Act or Federal criminal law under 52.203-13 when that clause is flowed down and modified for subcontract use. Agencies also determine, through the referenced clauses, when certain training, privacy, or security alternates are required.
Practical Implications
This clause is a flowdown map, so the main day-to-day task is not just inserting 52.244-6 itself, but identifying which referenced clauses are triggered by the facts of each subcontract. Missing a required flowdown can create compliance exposure even when the subcontract is for commercial items.
The COTS exception matters. Some clauses, especially 52.204-21, do not flow to COTS subcontracts, so contractors should distinguish COTS from other commercial products and services before using a standard template.
Internal corporate transfers are not a loophole. Transfers between divisions, subsidiaries, or affiliates can count as subcontracts, so companies should review intercompany purchasing and manufacturing arrangements for compliance.
Several flowdowns depend on the terms of the referenced clause, not just on 52.244-6 itself. Contractors should check the underlying clause for thresholds, performance-period limits, and alternate versions before deciding whether to flow it down.
Commercial-item buyers should avoid over-lawyering the subcontract. The clause allows only a minimal number of additional clauses, so adding unnecessary government-unique terms can conflict with the commercial-item policy and create negotiation friction with suppliers.
Official Regulatory Text
As prescribed in 44.403 , insert the following clause: Subcontracts for Commercial Products and Commercial Services (Oct 2025) (a) Definitions. As used in this clause— Commercial product, commercial service and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101 . Subcontract includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract. (c) (1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services: (i) 52.203-13 , Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004 (a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. (ii) 52.203-15 , Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act. (iii) 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). (iv) 52.203-19 , Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) . (v) 52.204-21 , Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) , other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21 . (vi) 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). (vii) 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). (viii) 52.204-27 , Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (ix) (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 . (x) 52.219-8 , Utilization of Small Business Concerns ( Jan 2025 ) ( 15 U.S.C.637 (d)(2) and (3)), if the subcontract offers 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. (xi) 52.222-21 , Prohibition of Segregated Facilities (Apr 2015) . (xii) 52.222-26 , Equal Opportunity (Sept 2016) (E.O. 11246). (xiii) 52.222-35 , Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212(a)); (xiv) 52.222-36 , Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793). (xv) 52.222-37 , Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212). (xvi) 52.222-40 , Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40. (xvii) (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). (xviii) 52.222-55 , Minimum Wages for Contractor Workers under Executive Order 14026 (Jan 2022) , if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55 . (xix) 52.222-62 , Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62 . (xx) (A) 52.224-3 , Privacy Training (Jan 2017) ( 5 U.S.C. 552a ) if flow down is required in accordance with 52.224-3 (f). (B) Alternate I (Jan 2017) of 52.224-3 , if flow down is required in accordance with 52.224-3 (f) and the agency specifies that only its agency-provided training is acceptable). (xxi) 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). (xxii) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) , if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40 . (xxiii) 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.). (xxiv) 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), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64 . (2) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. (End of clause)