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Clauses · DFARS · Administration and definitions

DFARS 252.204-7010 Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol

Does the regulation require it to flow down?

Yes

Paragraph (h): 'The Contractor shall incorporate the substance of this clause, including this paragraph (h), in all subcontracts that are subject to the provisions of the U.S.-IAEA AP.' The mandate is conditional on the subcontract itself being AP-subject — not on value, not on commerciality

Form
substance, including this paragraph (h) — self-perpetuating
Reaches
all tiers, down the chain of AP-reportable activity

Checked against acquisition.gov on 2026-08-05 · edition JAN 2009 · base v0.9.3 Read the text ↗

What it makes you produce

2 items for your checklist, slowest first.

  1. Something you write2

    Days to weeks, and nobody outside your company has to agree to it.

    • Immediate written notice to the designated DoD program manager saying where the defense work sits relative to the activity being declared, and whether the two are or will be close enough that an inspection or visit would disclose it

      DFARS 252.204-7010(a)(2)

    • A copy of that notice to the buyer

      DFARS 252.204-7010(a)(3)

When it is used

Solicitations and contracts for research and development OR major defense acquisition programs involving (a) fissionable materials (uranium, plutonium, neptunium, thorium, americium), (b) other radiological source materials, or (c) technologies directly related to nuclear power production, including nuclear or radiological waste materials (204.470-3; renumbered without change to 204.770-3 by DoD Class Deviation 2026-O0043, effective 2026-02-17). No dollar threshold, no commercial or COTS language in the prescription either way.

Read closely

(a)(1) is what sets the pace — the notice goes to the program manager immediately once your activities become reportable to Commerce or the Nuclear Regulatory Commission. (g) is the one that costs the most if it is missed: a required Commerce or Nuclear Regulatory Commission filing is never held back while DoD answers. (h) carries the clause into any of your own orders that are themselves subject to the Additional Protocol.

The 3 templates that name it, with the line
255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1235243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2162273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 1128

Source: acquisition.gov, DFARS 252.204-7010, DFARS 204.470-3 and DFARS 212.301(f); DoD Class Deviation 2026-O0043 (acq.osd.mil/dpap/dars, 2026-O0043 TAB A, Part 204), DFARS 204.770-3 and clause text at Attachment A1 (verified 2026-08-05)

This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.