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

Chapter 247 of title 10, United States Code, is amended by adding at the end the following new section: 3459. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services (a) In general 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) Applicability to other supply agreements 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) Definitions 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) Applicability 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..