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Clauses · FAR · Administration and definitions

FAR 52.242-13 Bankruptcy

Does the regulation require it to flow down?

No

The prime includes it because the sub's solvency is the prime's delivery risk: it wants the same 5-day notice it owes the Government, so it can react (resourcing, payment withholding) before the sub's bankruptcy becomes the prime's default

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 JUL 1995 · base v0.9.3 Read the text ↗

What it makes you produce

One item for your checklist.

  1. Something you write

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

    • Written notice of a bankruptcy filing within five days, naming the date the petition was filed, the court it was filed in, and every federal contract still short of final payment

      FAR 52.242-13

When it is used

Every prime contract above the SAT — 42.903 prescribes it for 'all solicitations and contracts exceeding the simplified acquisition threshold' ($350k since 2025-10-01). No regulatory flow-down; the sub sees it because the prime mirrors it to get the same 5-day notice from its own chain.

Read closely

No lettered paragraphs, so the citation stays at the clause. The notice goes by certified mail or an electronic route the contract authorizes, and the duty runs until final payment.

The 9 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 268155CORPDOC 4A — FAR/DFARS Flowdown Provisions for Cost-Reimbursement/T&M Subcontracts under a DoD Prime ContractLockheed Martinline 298105Raytheon TC-002 — Supplement 1: Government Contract Provisions from the FARRTXline 113166Northrop Grumman CTM-P-ST-001 — U.S. Government Firm Fixed Price Order (Not for Commercial Products and Services)Northrop Grummanline 2338166Northrop Grumman CTM-P-ST-003 — U.S. Government T&M Order (Not for Commercial Products and Services)Northrop Grummanline 2280168Northrop Grumman CTM-P-ST-004 — U.S. Government Cost Reimbursement Order (Not for Commercial Products and Services)Northrop Grummanline 2379255GD Mission Systems SCM-TMP-005 — General Provisions, Firm Fixed Price PO under U.S. Government Contract (Non-Commercial)General Dynamicsline 1152243GD Mission Systems SCM-TMP-048 — T&M Purchase Orders for Non-Commercial Items in Support of a U.S. Government ContractGeneral Dynamicsline 2078273BAE Systems Inc. USGOVA — FAR/DFARS Flow Down Provisions for Subcontracts/Purchase Orders under a U.S. Government (DoD) Prime ContractBAE Systemsline 733

Source: acquisition.gov, FAR 52.242-13 and 42.903 (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.