48 CFR § 246.870-3 - 246.870-3 Contract clauses.

---
identifier: "/us/cfr/t48/s246.870-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 246.870-3 - 246.870-3   Contract clauses."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "246.870-3"
section_name: "246.870-3   Contract clauses."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "G"
subchapter_name: "CONTRACT MANAGEMENT"
part_number: "246"
part_name: "QUALITY ASSURANCE"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36460, July 31, 1991, unless otherwise noted."
cfr_part: "246"
---


# 246.870-3 246.870-3   Contract clauses.

(a)(1) Except as provided in paragraph (a)(2) of this section, use the clause at 252.246-7007, Contractor Counterfeit Electronic Part Detection and Avoidance System, in solicitations and contracts when procuring—

(i) Electronic parts;

(ii) End items, components, parts, or assemblies containing electronic parts; or

(iii) Services, if the contractor will supply electronic parts or components, parts, or assemblies containing electronic parts as part of the service.

(2) Do not use the clause in solicitations and contracts that are set aside for small business.

(b) Use the clause at 252.246-7008, Sources of Electronic Parts, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, when procuring—

(1) Electronic parts;

(2) End items, components, parts, or assemblies containing electronic parts; or

(3) Services, if the contractor will supply electronic parts or components, parts, or assemblies containing electronic parts as part of the service.

[79 FR 26106, May 6, 2014, as amended at 81 FR 50649, Aug. 2, 2016; 88 FR 6588, Jan. 31, 2023]