---
kind: "section"
citation: "48 C.F.R. § 4.404"
title: "48"
number: "4.404"
heading: "Contract clause."
url: "https://uscodex.org/cfr/48/4.404"
---

# §4.404. Contract clause.

- (a) The contracting officer shall insert the clause at 52.204-2, Security Requirements, in solicitations and contracts when the contract may require access to classified information, unless the conditions specified in [paragraph (d)](#d) of this section apply.
- (b) If a cost contract (see 16.302) for research and development with an educational institution is contemplated, the contracting officer shall use the clause with its Alternate I.
- (c) If a construction or architect-engineer contract where employee identification is required for security reasons is contemplated, the contracting officer shall use the clause with its Alternate II.
- (d) If the contracting agency is not covered by the NISP and has prescribed a clause and alternates that are substantially the same as those at 52.204-2, the contracting officer shall use the agency-prescribed clause as required by agency procedures.

## Notes

### Amendments

[48 FR 42113, Sept. 19, 1983, as amended at 61 FR 31617, June 20, 1996; 84 FR 19840, May 6, 2019]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42113, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42113, Sept. 19, 1983, as amended at 61 FR 31617, June 20, 1996; 84 FR 19840, May 6, 2019]