FAR 12.503 — Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services
Regulatory text. Not legal advice.
(a)
(a) The following laws are not applicable to Executive agency contracts for the acquisition of commercial products or commercial services:
(1) 10 U.S.C. 983, Institutions of Higher Education that Prevent ROTC Access or Military Recruiting on Campus: Denial of Grants and Contracts from Department of Defense, Department of Education, and Certain Other Departments and Agencies (see FAR 9.110).
(2) 31 U.S.C. 1354(a), Limitation on Use of Appropriated Funds for Contracts with Entities Not Meeting Veterans’ Employment Reporting Requirements (see FAR 22.1302).
(3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see FAR 5.203).
(4) 41 U.S.C. 2303(b), Policy on Personal Conflicts of Interest by Contractor Employees (see FAR Subpart 3.11).
(5) 41 U.S.C. 3901(b) and 10 U.S.C. 3321(b) Contingent Fees (see FAR 3.404).
(6) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 3841(d)(1), GAO Access to Contractor Employees, section 871 of Public Law 110-417 (see FAR 52.214-26 and FAR 52.215-2).
(7) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000 (see FAR Subpart 22.6).
(8) 41 U.S.C. chapter 81, Drug-Free Workplace (see FAR 26.501).
(9) Section 806(a)(3) of Public Law 102-190, as amended by sections 2091 and 8105 of Public Law 103-355 (10 U.S.C. 4601 note prec.), Payment Protections for Subcontractors and Suppliers (see FAR 28.106-6).
(10) 15 U.S.C. 644(w), Solicitation Notice Regarding Administration of Change Orders for Construction (see FAR 36.211).
(b)
(b) Certain requirements of the following laws are not applicable to executive agency contracts for the acquisition of commercial products or commercial services:
(1) 22 U.S.C. 2593e, Requirement for a certification under Measures Against Persons Involved in Activities that Violate Arms Control Treaties or Agreements with the United States (see FAR 9.109).
(2) 40 U.S.C. chapter 37, Requirement for a certificate and clause under the Contract Work Hours and Safety Standards statute (see FAR 22.305).
(3) 41 U.S.C. 8703 and 8704, Requirement for a clause and certain other requirements related to kickbacks (see FAR 3.502).
(4) 49 U.S.C. 40118, Requirement for a clause under provisions of the Government-financed air transportation statute, commonly referred to as the Fly America Act, except that 49 U.S.C. 40118(g) is applicable to the acquisition of commercial services (see FAR 47.405).
(c)
(c) The applicability of the following laws have been modified in regard to Executive agency contracts for the acquisition of commercial products and commercial services:
(1) 41 U.S.C. 4704 and 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct Sales to the United States (see FAR 3.503).
(2) 41 U.S.C. chapter 35 and 10 U.S.C. chapter 271, Truthful Cost or Pricing Data (see FAR 15.403).
(3) 41 U.S.C. chapter 15, Cost Accounting Standards (see 48 CFR chapter 99) (see FAR 12.214).
Citation history: [60 FR 48241, Sept. 18, 1995]
Source: eCFR • Pulled 2026-04-16