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FAR and DFARS › DFARS Part 204: Administrative and Information Matters › Subpart 204.73

DFARS 204.7304 Solicitation provisions and contract clauses.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers which DFARS provisions and clauses about safeguarding covered defense information and cyber incident reporting they must include in solicitations and contracts. It matters to contractors because it determines which cyber security and incident reporting requirements will appear in a given solicitation or contract, with an exception for acquisitions solely of COTS items.

Applies to: Contracting officers issuing solicitations and contracts subject to DFARS

Key terms: covered defense information · cyber incident reporting · COTS items · commercial products and commercial services · NIST SP 800-171 DoD Assessment

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Use the provision at 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items.

(b) Use the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, for services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting.

(c) Use the clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations and contracts solely for the acquisition of COTS items.

(d) Use the provision at 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items.

(e) Use the clause at 252.204-7020, NIST SP 800-171 DoD Assessment Requirements, in all solicitations and contracts, task orders, or delivery orders, including those using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for those that are solely for the acquisition of COTS items.

Sections it refers to

  • 252.204-7008 Compliance with safeguarding covered defense information controls.
  • 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
  • 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
  • 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
  • 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

Sections that refer to it

  • 212.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
  • 252.204-7008 Compliance with safeguarding covered defense information controls.
  • 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
  • 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
  • 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.
  • 252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

← 204.7303 Procedures. · 204.7400 Scope of subpart. →

Rule changes for DFARS Part 204

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 204.7304 Solicitation provisions and contract clauses · SpendQuery