Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services

10 U.S.C. § 3459

• Title: 10 — Armed Forces
• Chapter: 247 — PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

Text

(a) In General.—The Secretary of Defense may not require that a clause be included in a subcontract for the acquisition of commercial products or commercial services other than a clause that is on the lists required by section 3452 of this title or unless otherwise applicable pursuant to subsection (e) of such section.
(b) Applicability to Other Supply Agreements.—The Secretary of Defense may not require the application of any contract clauses to other supply agreements unless otherwise applicable pursuant to subsection (e) of section 3452 of this title.
(c) Definitions.—In this section, the terms "other supply agreement" and "subcontract" have the meanings given such terms, respectively, in section 3452(c)(2) of this title.
(d) Applicability.—Subsection (a) shall apply only with respect to subcontracts entered into after the earliest date on which the lists required by section 3452 of this title are published in the Defense Federal Acquisition Regulation Supplement.

History

(Added Pub. L. 119–60, div. A, title XVIII, §1824, Dec. 18, 2025, 139 Stat. 1248.)

Editorial Notes

Editorial Notes

Prior Provisions
A prior chapter 249 "MULTIYEAR CONTRACTS", as added by Pub. L. 115–232, div. A, title VIII, §801(a), Aug. 13, 2018, 132 Stat. 1827, and consisting of reserved section 3501, was repealed by Pub. L. 116–283, div. A, title XVIII, §1822(a), Jan. 1, 2021, 134 Stat. 4196.

Editorial Notes

Amendments
2021—Pub. L. 117–81, div. A, title XVII, §1701(k)(1)(A), Dec. 27, 2021, 135 Stat. 2143, amended Pub. L. 116–283, div. A, title XVIII, §1822(a), Jan. 1, 2021, 134 Stat. 4196, which added this analysis, by adding item 3501 and striking out what would have been items 3501 to 3511.