48 C.F.R. § 52.203-6

52.203-6 Restrictions on Subcontractor Sales to the Government.

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

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).

[50 FR 35479, Aug. 30, 1985, as amended at 60 FR 34761, July 3, 1995; 60 FR 48251, Sept. 18, 1995; 61 FR 39198, July 26, 1996; 71 FR 57369, Sept. 28, 2006; 85 FR 27091, May 6, 2020; 86 FR 61031, Nov. 4, 2021]

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: X Tech., Inc. v. Marvin Test Sys., Inc., 719 F.3d 406 (5th Cir. 2013).

Sort: Relevance Newest Treatment

X Tech., Inc. v. Marvin Test Sys., Inc., 719 F.3d 406 (5th Cir. 2013). “” 48 C.F.R. § 52.203-6 (emphasis added). Geotest's ability, as a subcontractor, to sell its equipment to the government is specifically reserved in the agreement: "Geotest may provide prices for the TS-217 tester only (without any software licenses, support or training) to other…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.