Why the “Kitchen Sink” Approach to DFARS Clause Flowdown No Longer Works—Especially for Commercial Contracts | My ISO Consultants
- My ISO Jay
- Sep 17
- 2 min read
Why the “Kitchen Sink” Approach to DFARS Clause Flowdown No Longer Works—Especially for Commercial Contracts
In the world of defense contracting, clause flowdown has long been a source of confusion and frustration—especially for subcontractors. For years, many prime contractors adopted the so-called “kitchen sink” approach, where they flowed down every FAR and DFARS clause to their suppliers, regardless of whether those clauses were applicable. While this may have seemed like a safe legal strategy, it’s now officially outdated and non-compliant—at least for commercial subcontracts. In this article we will look at Why the “Kitchen Sink” Approach to DFARS Clause Flowdown No Longer Works.
🚨 What Changed?
As of November 17, 2023, the Department of Defense finalized a rule that prohibits the indiscriminate flowdown of clauses to subcontractors providing commercial products or services. This rule is codified in DFARS 252.244-7000, and it marks a significant shift in how prime contractors must manage their supply chains.
✅ What’s Now Required?
Under the new rule, prime contractors must:
Only flow down clauses that are explicitly required by regulation or the contract.
Avoid referencing clauses that do not apply to the subcontractor’s scope of work.
Use custom commercial terms to address obligations like termination, changes, or suspension of work.
This means that subcontractors providing commercial services—such as plating, machining, or packaging—should no longer receive a full suite of DFARS clauses unless those clauses are specifically mandated.
⚠️ What About Non-Commercial Defense Contracts?
For non-commercial subcontracts, the kitchen sink approach is still technically allowed, but it’s not recommended. Flowing down unnecessary clauses can:
Create compliance risks during DCMA audits.
Lead to contract disputes or supplier pushback.
Increase administrative burden without adding value.
Instead, prime contractors should carefully evaluate which clauses are mandatory and ensure their subcontract templates reflect only those requirements.
💡 Best Practices for Clause Flowdown:
Audit your subcontract templates to remove non-mandatory clauses.
Use clause matrices to track which DFARS clauses require flowdown.
Train your procurement team on the new DFARS rule and its implications.
Engage with suppliers to explain the changes and reduce confusion.
🛠️ How My ISO Consultants Can Help
At My ISO Consultants, we specialize in helping defense contractors and suppliers navigate complex compliance landscapes. Whether you're updating your purchasing procedures or building a clause flowdown matrix, we can help you stay compliant—and efficient.
