Subcontracting (Part 44)

FAR 52.244-6

Subcontracts for Commercial Products and Commercial Services

Defines what a non-commercial prime must flow down to its commercial-item subcontractors. Limits the long FAR clause list to a specifically enumerated subset — the rest of the FAR clauses are excluded from commercial-item subs to preserve their commercial nature.

FAR / DFARS Part
FAR Part 44 — Subcontracting Policies and Procedures
Prescribed By
FAR 44.403 — Required in all solicitations and contracts (other than for commercial items).
Flow-down to Subcontracts

Yes — paragraph (c) specifies which FAR clauses (52.203-13, 52.219-8, 52.219-28, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-41, 52.222-50, 52.222-55, 52.222-62, 52.224-3, 52.225-26, 52.226-6, 52.232-40, 52.247-64) must be flowed down to commercial-item subs.

What this clause requires

  • 1Use commercial items / commercial services as components of items being delivered under the contract to the maximum extent practicable.
  • 2Flow down only the enumerated FAR clauses listed in 52.244-6(c) to commercial-item subs.
  • 3Do not impose Government-unique requirements (CAS, cost-data submission, FAR clauses generally) on commercial-item subs except as listed.
  • 4Maintain documentation that commercial-item subs received the correct flow-downs.

When this clause applies

Non-commercial prime contracts. Commercial-item primes use 52.212-5(e) for flow-downs. The commercial-item subcontractor protection regime is critical to keep COTS suppliers willing to do business with Federal primes.

Common pitfalls

!Flowing down too many FAR clauses — over-flowdown is a common error; commercial subs may refuse to sign or charge more.
!Flowing down too few — primes are liable if statutorily required clauses (e.g., Trafficking 52.222-50, Section 889 52.204-25) are missed.
!Ignoring sub-tier obligations — 52.244-6 applies at every tier, not just first tier.
!Confusing 52.244-6 (commercial items only) with 52.244-2 (consent to subcontract for non-commercial).

Proposal-team checklist

  • ☐Build a commercial-item subcontract template incorporating the 52.244-6(c) flow-down list.
  • ☐Train procurement to determine commercial-item vs non-commercial status of each sub before applying flow-downs.
  • ☐Document the commercial-item determination per FAR 2.101.
  • ☐Audit subcontract terms periodically for over-flowdown that increases sub costs.

Stop tracking clauses in spreadsheets.

BidCraft auto-detects every FAR / DFARS clause in your RFP, builds the compliance matrix, and structures the response. Try free.

Generate a Proposal →

FAQ

Why does the Government limit flow-downs to commercial-item subs?

To keep commercial suppliers willing to sell to Federal contractors. Imposing the full FAR clause set on commercial-item subs would drive away suppliers or increase costs unnecessarily.

How do I know if my sub is commercial?

Apply the FAR 2.101 definition of 'commercial product' or 'commercial service'. Document the determination — commercial-item subs should not be subject to CAS, certified cost or pricing data, or most FAR clauses.

Related clauses

FAR 52.212-5
Statutes Required — Commercial
FAR 52.204-25
Section 889 Part A & B Prohibition

Home · All FAR Clauses · Government RFP · Sample Proposal

Reference content based on the Federal Acquisition Regulation and DFARS as of June 2026. Always verify the current clause text at acquisition.gov before relying on it for an actual submission. Educational reference; not legal advice.