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Subcontracts for Commercial Products and Commercial Services (Jan 2025) <br />(DEVIATION FEB 2026) <br />(a)Definitions. As used in this clause — <br />Commercial product, commercial service and commercially available off -the -shelf <br />item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101. <br />Subcontract includes a transfer of commercial products or commercial services between <br />divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. <br />(b)To the maximum extent practicable, the Contractor shall incorporate, and require its <br />subcontractors at all tiers to incorporate, commercial products, commercial services, or <br />non -developmental items as components of items to be supplied under this contract. <br />(c) <br />(1)The Contractor shall insert the following clauses in subcontracts for commercial <br />products or commercial services: <br />(i)52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. <br />3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date <br />of subcontract award, and has a performance period of more than 120 days. In altering <br />this clause to identify the appropriate parties, all disclosures of violation of the civil False <br />Claims Act or of Federal criminal law shall be directed to the agency Office of the <br />Inspector General, with a copy to the Contracting Officer. <br />(ii)52.203-15, Whistleblower Protections Under the American Recovery and <br />Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract <br />is funded under the Recovery Act. <br />(iii)52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); <br />this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable <br />elements of the intelligence community —see FAR 3.900(a). <br />(iv)52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or <br />Statements (Jan 2017). <br />(v)52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov <br />2021) , other than subcontracts for commercially available off -the -shelf items, if flow <br />down is required in accordance with paragraph (c) of FAR clause 52.204-21. <br />(vi)52.204-23, Prohibition on Contracting for Hardware, Software, and Services <br />Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of <br />Pub. L. 115-91). <br />(vii)52.204-25, Prohibition on Contracting for Certain Telecommunications and Video <br />Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115- <br />232). <br />(viii)52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section <br />102 of Division R of Pub. L. 117-328). <br />(ix) <br />(A)52.204-30, Federal Acquisition Supply Chain Security Act Orders —Prohibition. (Dec <br />2023) ( Pub. L. 115-390, title II). <br />(B)Alternate I (Dec 2023) of 52.204-30. <br />