DMAero Flowdown Clauses
This page outlines select FAR (Federal Acquisition Regulation) and DFARS (Defense Federal Acquisition Regulation Supplement) clauses that apply to subcontractors, suppliers, distributors and vendors performing under contracts with DMAero and DoD (Department of Defense). These clauses are incorporated by reference into all purchase orders, subcontracts, and agreements where applicable. In the event of any inconsistency or conflict with other terms in the purchase order, these flowdown clauses shall take precendence unless otherwise stated.
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52.203-6
Restrictions on Subcontractor Sales to the Government (SEPT 2006) (Applies if the Purchase Order price exceeds $250,000)
52.203-13
Contractor Code of Business Ethics and Conduct (OCT 2015) (Applies if the Purchase Order price exceeds $5,500,000 and the Ship By Date is more than 120 days after the date of the Purchase Order)
52.203-17
Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) (Applies if the Purchase Order includes any items that are not commercial products or services)
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (applies only to the extent that ADS is required to provide information on Seller’s executive compensation under 52.204-10(d)(3), and requires only that Seller provide such information to ADS promptly on request)
52.204-18
Commercial and Government Entity Code Maintenance (JUL 2016)
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018)
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)
52.204-27
Prohibition on a ByteDance Covered Application (JUN 2023)
52.204-30
Federal Acquisition Supply Chain Security Act Orders—Prohibition (DEC 2023)
52.209-6
Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (OCT 2015) (applies if the Purchase Order price is more than $35,000 and the Purchase Order includes any items that are not COTS items)
52.215-14
Integrity of Unit Prices (JUN 2020) (applies if the Purchase Order price is more than $250,000 and the Purchase Order includes items that are not commercial products or services)
52.215-21
Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data - Modifications (OCT 2020) (Note: this clause applies even when certified cost or pricing data is not required, including to Purchase Orders for solely commercial products and services)
52.219-8
Utilization of Small Business Concerns (NOV 2016)
52.222-21
Prohibition of Segregated Facilities (APR 2015)
52.222-26
Equal Opportunity (SEP 2016)
52.222-35
Equal Opportunity for Veterans (OCT 2015)
52.222-36
Equal Opportunity for Workers with Disabilities (JUL 2014) (Applies if this Purchase Order exceeds $15,000; paragraph (b)(2) is revised to delete "and provided by or through the Contracting Officer" and insert "and provided upon request by the Contracting Officer through the Buyer.")
52.222-37
Employment Reports on Veterans (FEB 2016)
52.222-40
Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
52.222-50
Combating Trafficking in Persons (MAR 2015)
52.223-13
Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (applies if the Purchase Order includes “imaging equipment” as defined at FAR 52.223-13(a)).
52.223-14
Acquisition of EPEAT® -Registered Television (Jun 2014) (applies if the Purchase Order includes “televisions” as defined at FAR 52.223-14(a)).
52.223-15
Energy Efficiency in Energy-Consuming Products (Dec 2007)
52.223-16
Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (applies if the Purchase Order includes “personal computer products” as defined at FAR 52.223-16(a)).
52.225-13
Restrictions on Certain Foreign Purchases (JUN 2008)
52.232-40
Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
52.242-13
Bankruptcy (JUL 1995)
52.244-6
Subcontracts for Commercial Items (JAN 2017)
52.242-15
Stop-Work Order (AUG 1989)
52.247-64
Preference for Privately-Owned U.S. Flag Commercial Vessels (FEB 2006)
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252.203-7002
Requirements to Inform Employees of Whistleblower Rights (SEP 2013)
252.203-7003
Agency Office of the Inspector General (AUG 2019)
252.203-7995
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (NOV 2016)
252.204-7000
Disclosure of Information (OCT 2016)
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019) (applies if information provided by ADS to Seller is identified as covered defense information)
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (DEC 2019)
252.204-7020
Notice of NIST SP 800-171 DOD Assessment Requirements (NOV 2020) (applies if information provided by ADS to Seller is identified as covered defense information; by accepting a Purchase Order that requires access to covered defense information, Seller represents and warrants that it has completed, within the last 3 years, at least a Basic NIST SP 800-171 DoD Assessment, as described in https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html, for all covered contractor information systems relevant to its offer that are not part of an information technology service or system operated on behalf of the Government)
252.211-7003
Item Unique Identification and Valuation (MAR 2022) (paragraph (c) is modified to state that unique item identifiers are required for all Products; paragraph (d) is modified to state that Seller must provide to ADS prompty on request
252.223.7008
Prohibition of Hexavalent Chromium (JUN 2013)
252.225.7001
Buy American and Balance of Payments Program—Basic (DEC 2017)
252.225-7009
Restriction on Acquisition of Certain Articles Containing Specialty Metals (JUN 2012) (applies if none of the exceptions in paragraph (c) apply and the Products include any of the following items or components thereof:
(A) aircraft, (B) missile or space systems, (C) ships, (D) tank or automotive items, (E) weapon systems, or (F) ammunition)
252.225-7012
Preference for Certain Domestic Commodities (DEC 2017) (applies if the Products (or any component thereof) include any of the items listed in paragraph (b) and none of the exceptions in paragraph (c) apply)
252.225-7013
Duty-Free Entry (DEVIATION 2020-O0019) (JUL 2020) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA001510-20-DPC.pdf)
252.225-7015
Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (applies if the Products include any hand or measuring tools)
252.225-7040
Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States (OCT 2015) (applies if Seller’s performance under the Purchase Order involves support by Seller’s personnel for U.S. Armed Forces deployed outside the United States in contingency operations; peace operations consistent with Joint Publication 3-07.3; or other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense)
252.225-7043
Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (JUN 2015) (applies if Seller’s performance under the Purchase Order involves any work or travel outside the United States)
252.225-7048
Export Controlled Items (JUNE 2013)
25 2.225-7968
Restriction on Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations. (DEVIATION 2022-O0008) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA000433-22-DPC.pdf) (applies if the Products are or include personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material for delivery to Customer in the United States)
252.225-7973
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (DEVIATION 2020-O0015) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA000827-20-DPC.pdf; applies if the Purchase Order includes any unmanned aircraft systems or system or system for the detection or identification of an unmanned aircraft system, or any equipment or services related to either of the foregoing)
252.225-7975
Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0022) (AUG 2020) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA001616-20-DPC.pdf; applies if Seller’s performance under the Purchase Order involves any work outside the United States in support of contingency operations in which members of the Armed Forces are actively engaged in hostilities and the Purchase Order price is more than $50,000)
252.225-7980
Contractor Personnel Performing in the United States Africa Command Area of Responsibility (DEVIATION 2016-O0008) (JUN 2016) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA002245-16-DPAP.pdf; applies if Seller’s performance under the Purchase Order involves any work in the USAFRICOM area of responsibility)
252.225-7987
Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (DEVIATION 2014-O0016) (Oct 2014) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA004118-14-DPAP.pdf; applies if Seller’s performance under the Purchase Order involves any work in the USSOUTHCOM area of responsibility)
252.225-7993
Prohibition on Providing funds to the enemy (DEVIATION 2020-O0022) (AUG 2020) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/USA001616-20-DPC.pdf; applies if Seller’s performance under the Purchase Order involves any work outside the United States in support of contingency operations in which members of the Armed Forces are actively engaged in hostilities and the Purchase Order price is more than $50,000)
252.225-7995
Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEV 2017-O0004) (SEPT 2017) (full text available at https://www.acq.osd.mil/dpap/policy/policyvault/Class_Deviation_2017-O0004.pdf; applies if Seller’s performance under the Purchase Order involves any work in the USCENTCOM area of responsibility)
252.227-7015
Technical Data - Commercial Items (FEB 2014)
252.227-7037
Validation of Restrictive Markings on Technical Data (JUN 2013)
252.244-7000
Subcontracts for Commercial Items and Commercial Components (JUN 2013)
252.246-7003
Notification of Potential Safety Issues (JUN 2013) (Applies if the Purchase Order is for parts identified as critical safety items; systems and subsystems, assemblies, and subassemblies integral to a system; or repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system; change “5 working days” at 252.246-7003(c)(2) to read “3 working days”.)
252.247-7023
Transportation of Supplies by Sea (FEB 2019)
This page is maintained as a reference document. Applicable clauses are subject to change based on contract requirements and governing regulations.

