whatbindsCheck your order

Clauses · DFARS · Small business, labor and socioeconomic

DFARS 252.225-7028 Exclusionary Policies and Practices of Foreign Governments

Does the regulation require it to flow down?

No

There is no paragraph directing insertion in subcontracts and 225.7307(b) adds none — but the clause purports to bind subcontractors directly, which leaves the prime needing privity to enforce what the clause already says. That is why 7/43 corpus documents carry it, and why the flow-down descriptions in those templates recite the FMS/IMET condition almost verbatim from 225.7307(b). Treat it as a genuine obligation with a weak insertion pedigree, not as a template artifact

A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.

Checked against acquisition.gov on 2026-08-05 · edition APR 2003 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Nothing to send, ever

    There is no paperwork here. It is a rule you follow while you perform the work.

    • Employing and assigning people without taking a foreign government's exclusionary policies or practices into account

      Owed when both conditions hold together — the personnel will perform functions required by the contract, in the United States or abroad (a), and the foreign government's policies or practices are based on race, religion, national origin, or sex (b)

      DFARS 252.225-7028

When it is used

225.7307(b): use the clause in solicitations and contracts — including solicitations and contracts using FAR part 12 procedures for commercial products and commercial services — that are for the purchase of supplies and services for international military education and training and foreign military sales. It implements 22 U.S.C. 2755. No dollar threshold, no contract-type restriction, no place-of-performance restriction: the clause reaches personnel performing contract functions 'either in the United States or abroad'. The one thing that decides it is whether the money behind the order is FMS or IMET — which is a fact about the prime contract, usually visible as an FMS case number in the order header.

Read closely

The duty is the unlettered sentence the clause opens with, and (a) and (b) are joined by 'and', so a foreign government's exclusionary policy on some other ground is outside what this clause reaches. It names subcontractors on its face and carries no form, no report and no insertion paragraph. Security clearance eligibility, export-control nationality rules and host-nation visa decisions are separate regimes that it does not override.

The 7 templates that name it, with the line
166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2477166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2407168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2505255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1289243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2263240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2414107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 766

Source: acquisition.gov, DFARS 252.225-7028, 225.7307(b), and 212.301(f)(x)(T) (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.