Title 41, Public ContractsRelease 119-110

§4710 Limitations on Tiering of Subcontractors

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 47 — MISCELLANEOUS › § 4710

Last updated Sep 22, 2026|Official source

Summary

Requires the Federal Acquisition Regulation, for federal agencies except the Department of Defense, to make contractors cut down on unneeded layers of subcontractors. It also stops contractors and higher-level subcontractors from charging indirect costs or profit on work done by lower-tier subcontractors when the higher level adds little or no value, while still allowing charges for indirect costs and profit that are based on the direct costs of managing those lower-tier subcontracts. Applies to any cost-reimbursement contract or task or delivery order worth more than the simplified acquisition threshold (as defined by section 134 of this title). The Department of Defense keeps following its own guidance under the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364, 10 U.S.C. 2324 note) and may set stricter rules. Executive agency — the federal agency meaning used in section 133 of this title.

Full Legal Text

Title 41, §4710

Public Contracts, Source: USLM XML via OLRC

(a)Definition.—
In this section, the term “executive agency” has the same meaning given in section 133 of this title.
(b)Regulations.—
For executive agencies other than the Department of Defense, the Federal Acquisition Regulation shall—
(1)require contractors to minimize the excessive use of subcontractors, or of tiers of subcontractors, that add no or negligible value; and
(2)ensure that neither a contractor nor a subcontractor receives indirect costs or profit on work performed by a lower-tier subcontractor to which the higher-tier contractor or subcontractor adds no or negligible value (but not to limit charges for indirect costs and profit based on the direct costs of managing lower-tier subcontracts).
(c)Covered Contracts.—
This section applies to any cost-reimbursement type contract or task or delivery order in an amount greater than the simplified acquisition threshold (as defined by section 134 of this title).
(d)Rule of Construction.—
Nothing in this section shall be construed as limiting the ability of the Department of Defense to implement more restrictive limitations on the tiering of subcontractors.
(e)Applicability.—
The Department of Defense shall continue to be subject to guidance on limitations on tiering of subcontractors issued by the Department of Defense pursuant to section 852 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364, 10 U.S.C. 2324 note).

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 471041:254b note.Pub. L. 110–417, [div. A], title VIII, § 866, Oct. 14, 2008, 122 Stat. 4551. In subsection (b), the words “Not later than one year after the date of the enactment of this Act” are omitted because of section 6(f) of the bill. The word “shall” is substituted for the words “shall be amended” to reflect the permanence of the provision.

Reference

Citations & Metadata

Citation

41 U.S.C. § 4710

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110