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12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial items.

12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial items.

  1. (a) The following laws are not applicable to Executive agency contracts for the acquisition of commercial items:

    1. (1) 41 U.S.C.chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see subpart  22.6).

    2. (2) 41 U.S.C.3901(b) and 10 U.S.C.2306(b), Contingent Fees (see 3.404).

    3. (3) 41 U.S.C.1708(e)(3), Minimum Response Time for Offers (see 5.203).

    4. (4) 41 U.S.C.chapter 81, Drug-Free Workplace (see 23.501).

    5. (5) 31 U.S.C.1354(a), Limitation on use of appropriated funds for contracts with entities not meeting veterans’ employment reporting requirements (see 22.1302).

    6. (6) [Reserved]

    7. (7) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, (10 U.S.C. 2302 note), Payment Protections for Subcontractors and Suppliers (see 28.106-6).

    8. (8) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 2313(c)(1), GAO Access to Contractor Employees, Section 871 of Pub. L. 110-417 (see 52.214-26 and 52.215-2).

    9. (9) 41U.S. C.2303, Policy on Personal Conflicts of Interest by Contractor Employees (see subpart 3.11).

  2. (b) Certain requirements of the following laws are not applicable to executive agency contracts for the acquisition of commercial items:

    1. (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 9.109).

    2. (2) 40 U.S.C.chapter 37, Requirement for a certificate and clause under the Contract Work Hours and Safety Standards statute (see 22.305).

    3. (3) 41 U.S.C.8703 and 8703, Requirement for a clause and certain other requirements related to kickbacks (see 3.502).

    4. (4) 49 U.S.C.40118, Requirement for a clause under the Fly American provisions (see 47.405).

  3. (c) The applicability of the following laws have been modified in regards to Executive agency contracts for the acquisition of commercial items:

    1. (1) 41 U.S.C.4704 and 10 U.S.C.2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see 3.503).

    2. (2) 41 U.S.C.chapter 35, Truthful Cost or Pricing Data, and 10 U.S.C.2306a, Truth in Negotiations Act (see 15.403).

    3. (3) 41 U.S.C.chapter 15, Cost Accounting Standards (48 CFR Chapter 99) (see 12.214).