Title 10 — Armed ForcesRelease 119-83
§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 V— ACQUISITION › Subpart C— Contracting Methods and Contract Types › Chapter 247— PROCUREMENT OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES › § 3459
Summary
The Secretary of Defense can't require clauses in subcontracts for commercial items or services except those on the lists required by section 3452 or as allowed under subsection (e). The rule also covers other supply agreements (see section 3452(c)(2)) and applies only after those lists are published in the DFARS.
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 10 — Armed Forces
Last Updated
Apr 18, 2026
Release point: 119-83