10 U.S.C. § 3452: Relationship of other provisions of law to procurement of commercial products and commercial services

No contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to section 1906(b) of title 41 . No subcontract under a contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to section 1906(c) of title 41 . No contract for the procurement of a commercially available off-the-shelf item entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to section 1907 of title 41 . The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that may be applied to contracts for the procurement of commercial products and commercial services entered into by the Department of Defense. The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that may be applied to subcontracts for the procurement of commercial products and commercial services. includes a transfer of commercial products and commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor; and does not include any agreement entered into by a contractor or subcontractor for the supply of products or services that are intended for use in the performance of multiple contracts with the Department of Defense or with other parties, and that are not identifiable to any particular contract. This subsection does not authorize the waiver of the applicability of any provision of law or contract clause requirement with respect to any first-tier subcontract under a contract with a prime contractor reselling or distributing commercial products and commercial services of another contractor without adding value. The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that are applicable to contracts or subcontracts for the procurement of commercially available off-the-shelf items entered into by the Department of Defense. chapter 385 of this title; section 5949 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 ; 41 U.S.C. 4713 note); section 805 of the National Defense Authorization Act for Fiscal Year 2024 ( Public Law 118–31 ); or a statute that specifically refers to this section and provides that, notwithstanding this section, such statute shall be applicable to contracts for the procurement of commercial products and commercial services. required to implement provisions of law or executive orders applicable to such contracts; or determined to be consistent with standard commercial practice; and the flow-down of contract clauses to subcontracts under contracts for the procurement of commercial items or commercially available off-the-shelf items is prohibited unless such flow-down is required to implement provisions of law or executive orders applicable to such subcontracts. In this subsection, the term ‘subcontract’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Department of Defense and other parties and are not identifiable to any particular contract.” section 7102 of the Federal Acquisition Streamlining Act of 1994 [ Pub. L. 103–355 , 15 U.S.C. 644 note]; the Brooks Automatic Data Processing Act (section 111 of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 759 )); Brooks Architect-Engineers Act (title IX of the Federal Property and Administrative Services Act of 1949 ([former] 40 U.S.C. 541 et seq.) [now 40 U.S.C. 1101–110 4]); subsections (a) and (d) of section 8 of the Small Business Act ( 15 U.S.C. 637(a) and (d)); or the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 46–48c ) [now 41 U.S.C. 8501 et seq.].”