whatbindsCheck your order

Clauses · FAR · Banned sources and products

FAR 52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts

Does the regulation require it to flow down?

No

There is no subcontracts paragraph: the clause runs (a) Definitions, (b) Notice, (c) Removal, (End of clause). Nothing in 4.2306(a) or in the text reaches a subcontractor. It appears in 6 of 43 corpus documents because primes copy the FAR 52.204-2x block without triaging it. The FASCSA obligation that genuinely flows is 52.204-30(e), which requires the substance of that clause — excluding (c)(1) — in all subcontracts and other contractual instruments including commercial ones.

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 DEC 2023 (codified FAR, unchanged through FAC 2026-01, effective 2026-03-13). [Reserved] under the RFO deviation regime — the FASCSA machinery consolidates into 52.240-91(e) through (i). · 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.

    • Changing or modifying what you supply, promptly, so that no covered article and no product or service from a prohibited source remains in it

      Owed when the contracting officer gives notice during performance that a supply chain order applies

      FAR 52.204-28(c)

When it is used

FAR 4.2306(a): inserted ONLY in Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts where FASCSA orders are applied at the order level rather than the contract level (see 4.2304(b)(1)(ii)). A subcontract is none of those three instruments, so in a subcontract there is no order-level FASCSA order for the clause to carry out. No dollar threshold; subpart 4.23 states no commercial or COTS exception (4.2300), and the subpart's authority expires 2033-12-31 (41 U.S.C. 1328).

Read closely

The clause runs definitions, notice and removal, and stops: nothing is submitted and there is no subcontracts paragraph at all. It is written for Federal Supply Schedules, governmentwide acquisition contracts and multi-agency contracts where supply chain orders are applied order by order, and a subcontract is none of those three, so there is no order-level order for it to carry out. Paragraph (b) is where the applicable orders are identified. The instrument in this family that does carry a flow-down mandate is FAR 52.204-30(e), and a buyer that handed you this number may have meant that one.

The 6 templates that name it, with the line

Source: acquisition.gov, FAR 52.204-28, 4.2306(a), 4.2300, 4.2303, 4.2304(b), and 52.204-30(e); RFO model text at acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52; DoD Class Deviation 2026-O0043 (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.