Federal Flowdowns

Federal Flowdown Clauses

FAR. Vendors to QTS in support of a U.S. federal subcontract agree to fully comply with the following Federal Acquisition Regulation (“FAR”) clauses, as applicable, which are herein incorporated by reference:

Regulation	Regulation Number	Title
FAR	52.203-7	Anti-Kickback Procedures (applies if Agreement exceeds $150,000)
FAR	52.203-12	Limitation on Payments to Influence Certain Federal Transactions (applies if Agreement exceeds $150,000)
FAR	52.203-13	Contractor Code of Business Ethics and Conduct (applies if Agreement exceeds $5,500,000 and the period of performance is more than 120 days)
FAR	52.203-14	Display of Hotline Poster(s) (applies if Agreement exceeds $5,500,000 and is for noncommercial products or services and work is to be performed in the United States)
FAR	52.203-15	Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (applies if Agreement is funded with Recovery Act funds)
FAR	52.204-2	Security Requirements (applies if work under the Agreement requires access to classified information)
FAR	52.204-23	Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities
FAR	52.204-25	Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
FAR	52.209-6	Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (applies if Agreement exceeds $35,000 and is for noncommercial products or services)
FAR	52.215-2	Audit and Records-Negotiation (applies if Agreement exceeds $250,000 and if: (i) the Agreement requires Vendor to furnish cost or pricing data (ii) the Agreement requires Vendor to furnish cost, funding, or performance reports, or (iii) the Agreement is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type contract)
FAR	52.215-12	Subcontractor Certified Cost or Pricing Data (applies if Agreement exceeds the threshold under FAR 15.403 and is not otherwise exempt)
FAR	52.219-8	Utilization of Small Business Concerns (applies if work under Agreement is to be performed in the United States)
FAR	52.222-21	Prohibition of Segregated Facilities (applies if work under Agreement is to be performed in the United States)
FAR	52.222-26	Equal Opportunity (applies if work under Agreement is to be performed in the United States)
FAR	52.222-35	Equal Opportunity for Veterans (applies if Agreement exceeds $150,000 and work is to be performed in the United States)
FAR	52.222-36	Equal Opportunity for Workers with Disabilities (applies if Agreement exceeds $15,000 and work is to be performed in the United States)
FAR	52.222-37	Employment Reports on Veterans (applies if Agreement exceeds $150,000 and work is to be performed in the United States)
FAR	52.222-50	Combating Trafficking in Persons
FAR	52.222-54	Employment Eligibility Verification (applies if Agreement exceeds $3,500 and is for services or construction work to be performed in the United States, and no exception applies)
FAR	52.222-55	Minimum Wages Under Executive Order 13658 (Dec 2015) (applies if Agreement is subject to the Service Contract Labor Standards statute or Wage Rate Requirements (Construction) statute, and is to be performed in the United States)
FAR	52.223-18	Encouraging Contractor Policies to Ban Text Messaging While Driving (applies if Agreement exceeds the micro-purchase threshold at FAR 2.101)
FAR	52.225-13	Restrictions on Certain Foreign Purchases
FAR	52.227-1	Authorization and Consent (applies if Agreement exceeds the simplified acquisition threshold at FAR 2.101)
FAR	52.227-2	Notice and Assistance Regarding Patent and Copyright Infringement (applies if Agreement exceeds the simplified acquisition threshold at FAR 2.101)
FAR	52.244-6	Subcontracts for Commercial Products and Commercial Services

DFARS. Vendors to QTS in support of a U.S. federal subcontract whose performance is subject to any obligations under the Defense Federal Acquisition Regulation Supplement (“DFARS”) agree to fully comply with the following clauses, as applicable, which are herein incorporated by reference:

Regulation	Regulation Number	Title
DFARS	252.204-7009	Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (applies if Agreement involves services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting)
DFARS	252.204-7014	Limitations on the Use or Disclosure of Information by Litigation Support Contractors
DFARS	252.204-7015	Notice of Authorized Disclosure of Information for Litigation Support
DFARS	252.227-7037	Validation of Restrictive Markings on Technical Data (applies if Agreement requires the delivery of technical data)
DFARS	252.244-7000	Subcontracts for Commercial Products or Commercial Services
DFARS	252.246-7003	Notification of Potential Safety Issues (applies if Agreement is for (i) parts identified as critical safety items; (ii) systems and subsystems, assemblies, and subassemblies integral to a system; or (iii) repair, maintenance, logistics supports, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system)

Other Agencies. Vendors to QTS in support of a U.S. federal subcontract whose performance is subject to any obligations under the General Services Administration Acquisition Regulation (“GSAR”) or the Health and Human Services Acquisition Regulations (“HHSAR”) agree they will fully comply with the following clauses, as applicable, which are herein incorporated by reference:

Regulation	Regulation Number	Title
GSAR	552.215-70	Examination of Records by GSA
HHSAR	352.222-70	Contractor Cooperation in Equal Employment Opportunity Investigations
HHSAR	352.227-70	Publications and Publicity (applies if Vendor may propose publishing the results of its work under the Agreement)

Version date July 15, 2024

Federal Flowdowns

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