FAR 52.203-6 - Restrictions on Subcontractor Sales to the Government

From Knowledge base
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Prescribed in 3.503-2

Effective Date:9 January 2006
Clause or Provision:Clause
Provision or Clause Number: 52.203-6 - Restrictions on Subcontractor Sales to the Government

Principle Type And/Or Purpose of Contract:
Required:Utility Services; Fixed Price, Supply; Cost Reimbursement, Supply; Fixed Price, Service; Cost Reimbursement, Service; Indefinite Delivery; Utility Services
Applicable:
Optional:Simplified Acquisition Procedures (Excludes Micro-Purchase); Facilities; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction
Subject:Subcontract(s)/Subcontractor(s)
ProcurementType:
Contract Threshold:>150,000">150,000" is not in the list (>10M, >5M, >1M, >750,000, >700,000, >500,000, >150,000, >100,000, >30,000, >25,000, ...) of allowed values for the "ContractThreshold" property.
Prescription Overview:

Prescription

The contracting officer shall insert the clause at 52.203-6, Restrictions on Subcontractor Sales to the Government, in solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial items, the contracting officer shall use the clause with its Alternate I.

Clause Overview:

Clause

52.203-6 Restrictions on Subcontractor Sales to the Government[1]

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.

References & Notes

  1. As prescribed in 3.503-2, (SEPT 2006)
Important Notes/Requirements:

Alternate I is used for Commercial contracts.

Includes computer software, and may be applicable to research and to purchases.

Subcontract Threshold:>150,000">150,000" is not in the list (>10M, >5M, >1M, >750,000, >700,000, >500,000, >150,000, >100,000, >30,000, >25,000, ...) of allowed values for the "SubcontractThreshold" property.
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.

FLOWDOWN REQUIRED see (c) above.