FAR 52.203-6 - Restrictions on Subcontractor Sales to the Government
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 | |
| Prescription Overview: |
PrescriptionThe 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: |
Clause52.203-6 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
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| 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 | |
| Incorporated by Reference: | Yes | |
| Uniform Contract Format: | I | |
| Editor: | Marshall | |
Personal notes.
FLOWDOWN REQUIRED see (c) above.
