§3459 Limitation on Required Flowdown of Contract Clauses to Subcontractors Providing Commercial Products or Commercial Services

Summary

The Secretary of Defense cannot force contractors to put extra clauses into subcontracts for buying commercial products or commercial services, except for clauses that are on the official lists required by section 3452 or clauses allowed under subsection (e) of that same section. The same rule applies to other supply agreements. “Other supply agreement” and “subcontract” are defined in section 3452(c)(2). The rule only covers subcontracts made after the earliest date those required lists are published in the Defense Federal Acquisition Regulation Supplement.