52_212-5_Terms_and_Conditions.pdf

This document is a Federal Acquisition Regulation (FAR) clause template prescribing mandatory contract terms and conditions for commercial products and commercial services acquisitions (March 2026 version).

The clause requires contractors to comply with multiple FAR provisions implementing federal statutes and executive orders applicable to commercial acquisitions. Mandatory compliance requirements under paragraph (a) include prohibitions on certain internal confidentiality agreements, contracting with Kaspersky Lab covered entities, telecommunications and video surveillance services from covered foreign entities, and inverted domestic corporations. Additional mandatory requirements address accelerated payments to small business subcontractors, protest procedures after award, and applicable law for breach of contract claims. Paragraph (b) specifies additional FAR clauses that the Contracting Officer may selectively incorporate, including restrictions on subcontractor sales to the government, contractor code of business ethics, whistleblower protections, executive compensation reporting, service contract reporting requirements, ByteDance prohibitions, federal supply chain security requirements, small business utilization and set-aside provisions, labor standards, equal employment opportunity requirements, trafficking in persons prohibitions, and environmental compliance clauses. Paragraph (c) applies labor standards clauses specific to commercial services. Paragraph (d) grants Comptroller General examination rights for contracts exceeding the simplified acquisition threshold awarded using other than sealed bid. Paragraph (e) limits subcontract flow-down obligations, requiring only designated clauses be flowed down unless the subcontract itself exceeds applicable thresholds. The clause includes multiple alternates addressing different scenarios and provides contractor discretion to include additional minimal clauses necessary for contractual compliance.