Title 10Armed ForcesRelease 119-73

§3459 Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart C— - Contracting Methods and Contract Types › Chapter CHAPTER 247— - PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES › § 3459

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense cannot force contractors to put extra contract clauses into subcontracts for commercial products or commercial services, except for clauses that are on the lists required by section 3452 or that apply under subsection (e) of section 3452. The Secretary also cannot force clauses into other supply agreements except as allowed under subsection (e) of section 3452. The terms "other supply agreement" and "subcontract" mean what section 3452(c)(2) says. The rule about subcontracts only covers subcontracts made after the earliest date those lists required by section 3452 are published in the Defense Federal Acquisition Regulation Supplement.

Full Legal Text

Title 10, §3459

Armed Forces — Source: USLM XML via OLRC

(a)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)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)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)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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3459

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73