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Clauses · FAR · Ethics and integrity

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

Does the regulation require it to flow down?

No

No paragraph requires flowing it down. Primes paste it into the sub to reserve against the sub the same remedy (rescind and recover payments) if the Procurement Integrity Act violation originates at the lower level.

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 2026-08-04 · edition MAY 2014 · 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.

    • Nothing to send — the clause is the Government's power to cancel or rescind and recover what it paid where bid, proposal or source selection information was obtained or disclosed

      FAR 52.203-8(a)

When it is used

Prescribed for prime contracts above the SAT ($350k), except commercial acquisitions — FAR 3.104-9(a). No flow-down mandate; it appears in subcontracts through the prime's template.

Read closely

No paragraph asks for a submission. It runs on a conviction, or on the head of the contracting activity finding a violation of 41 U.S.C. 2102 through 2104 by a preponderance of the evidence, and (b) recovers the amount expended under the contract on top of any statutory penalty. The exposure that matters to a small shop is a newly hired former Government employee arriving with source selection information.

The 5 templates that name it, with the line
233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 817255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 917243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1805240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 1295178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 91

Source: acquisition.gov, FAR 52.203-8 + prescription 3.104-9(a) (verified 2026-08-04)

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.