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Clauses · FAR · Data rights

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

Does the regulation require it to flow down?

Yes

(c): 'include the substance of this clause, including this paragraph (c), in all subcontracts that are expected to exceed the simplified acquisition threshold'

Form
substance
Reaches
all tiers

Checked against acquisition.gov on 2026-08-04 · edition JUN 2020 · 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.

    • A written report to the buyer, promptly and in reasonable detail

      Owed when a notice or claim of patent or copyright infringement based on performance of the order comes to your knowledge

      52.227-2(a)
    • The evidence and information in your possession about the claim

      Owed when there is a claim or suit against the Government and the contracting officer requests it — at the Government's expense unless you agreed to indemnify

      52.227-2(b)

When it is used

Goes into contracts above the SAT (prescription 27.201-2(b)). Flows down via (c) to every subcontract expected to exceed the simplified acquisition threshold ($350,000, FAR 2.101 as of the sub's award date).

Read closely

A duty to tell and to help, not to indemnify: the indemnity is 52.227-3's. Paragraph (c) carries the same duty into your own subcontracts expected to exceed the simplified acquisition threshold, which has been $350,000 since 2025-10-01.

The 16 templates that name it, with the line
143CORPDOC 3A — FAR/DFARS Flowdown Provisions for Fixed Price Non-Commercial Items under a DoD Prime ContractLockheed Martinline 214155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 231233RTX Flowdown of U.S. Government Contract Clauses Under U.S. Government ContractsRTXline 108151Raytheon TC-001 — General Terms and Conditions of PurchaseRTXline 415105Raytheon TC-002 — Supplement 1: Government Contract Provisions from the FARRTXline 23166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 214069Northrop Grumman CTM-P-ST-002 — U.S. Government FFP or T&M Order for Commercial Products and ServicesNorthrop Grummanline 2233166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2087168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2176255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1055243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 1977240L3Harris LGL-50.F1 — General T&C and Flowdown Clauses for Other Than Commercial Products/Services under a U.S. Government ContractL3Harrisline 2019273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 729107Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial ItemsHoneywellline 43389AAR Government Services — C40 Purchase Order General Provisions, Non-Commercial Firm Fixed Price Items or ServicesAAR Corpline 2856178AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by ReferenceAAR Corpline 1088

Source: acquisition.gov, FAR 52.227-2 and 27.201-2(b) (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.