FAR 12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services
Section Federal Acquisition Regulation
Facts
- Citation
- FAR 12.503
- Type
- Section
- Last amended
- 89 FR 101821 Effective Jan 3, 2025
- Text as of
- FAC 2026-01
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.
Text
(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 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 22.1302).
(3) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see 5.203).
(4) 41 U.S.C. 2303(b), Policy on Personal Conflicts of Interest by Contractor Employees (see subpart 3.11).
(5) 41 U.S.C. 3901(b) and 10 U.S.C. 3321(b), Contingent Fees (see 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 52.214-26 and 52.212-2).
(7) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000 (see subpart 22.6).
(8) 41 U.S.C. chapter 81, Drug-Free Workplace (see 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 28.106-6).
(10) 15 U.S.C. 644(w), Solicitation Notice Regarding Administration of Change Orders for Construction (see 36.211).
(b) Certain requirements of the following laws are not applicable to executive agency contracts for the acquisition of commercial products and 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 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 22.305).
(3) 41 U.S.C. 8703 and 8703, Requirement for a clause and certain other requirements related to kickbacks (see 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 47.405).
(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 3.503).
(2) 41 U.S.C.chapter 35, and 10 U.S.C. chapter 271, Truthful Cost or Pricing Data (see 15.403).
(3) 41 U.S.C.chapter 15, Cost Accounting Standards (48 CFR Chapter 99) (see 12.214).
Federal Register history
Show all 18
Sections cited
- FAR 9.110 Reserve Officer Training Corps and military recruiting on campus
- FAR 22.1302 Policy
- FAR 5.203 Publicizing and response time
- FAR Subpart 3.11 Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions
- FAR 3.404 Contract clause
- FAR 52.214-26 Audit and Records-Sealed Bidding
- FAR 52.212-2 Evaluation—Commercial Products and Commercial Services
- FAR 26.501 Applicability
- FAR 28.106-6 Furnishing information
- FAR 36.211 Distribution of advance notices and solicitations
- FAR 9.109 Prohibition on contracting with an entity involved in activities that violate arms control treaties or agreements with the United States
- FAR 22.305 Contract clause
- FAR 3.502 Subcontractor kickbacks
- FAR 47.405 Contract clauses
- FAR 3.503 Unreasonable restrictions on subcontractor sales
- FAR 15.403 Obtaining certified cost or pricing data
- FAR 12.214 Cost Accounting Standards
Quick answers
What is FAR 12.503?
FAR 12.503 is a section of the Federal Acquisition Regulation, titled "Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services".
When was FAR 12.503 last changed?
The most recent final rule on record is "Federal Acquisition Regulation: Training To Prevent Human Trafficking for Certain Air Carriers" (89 FR 101821), published Dec 16, 2024 and effective Jan 3, 2025.
Are changes to FAR 12.503 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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