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FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

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

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 clause bars a contractor from making agreements with subcontractors that restrict those subcontractors from selling directly to the Government items or processes they made or furnished under this contract or a follow-on production contract. It matters because violating it can put the contractor's contract at risk, and the contractor must pass the same restriction down to larger subcontracts.

Applies to: Contractors awarded contracts containing this clause, and their subcontracts above the simplified acquisition threshold

What it requires

  • Do not enter into agreements with actual or prospective subcontractors that restrict their direct sales to the Government of items or processes made or furnished under this contract or a follow-on production contract
  • Do not otherwise act in a way that has or may have that restricting effect
  • Incorporate the substance of this clause, including paragraph (c), in all subcontracts under this contract that exceed the simplified acquisition threshold

Key terms: subcontractor · follow-on production contract · simplified acquisition threshold · commercial products · commercial services

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

The text

As prescribed in 3.503-2, insert the following clause:

Restrictions on Subcontractor Sales to the Government (JUN 2020)

(a) Except as provided in (b) below, 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) above 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, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.

(End of clause)

Alternate I (NOV 2021). As prescribed in 3.503-2, substitute the following paragraph in place of paragraph (b) of the basic clause:

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial products or commercial services, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial product(s) and commercial service(s).

Sections it refers to

Sections that refer to it

  • 3.503-2 Contract clause.
  • 13.006 Inapplicable provisions and clauses.
  • 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.
  • 212.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services.
  • 212.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services.

← 52.203-5 Covenant Against Contingent Fees. · 52.203-7 Anti-Kickback Procedures. →

Rule changes for FAR Part 52

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

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