FAR 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services

Section Federal Acquisition Regulation

Facts

Citation
FAR 12.504
Type
Section
Last amended
89 FR 30212 Effective May 22, 2024
Proposed changes
1
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 subcontracts at any tier for the acquisition of commercial products or commercial services at any tier:

(1) 10 U.S.C. 2631, Transportation of Supplies by Sea (except for the types of subcontracts listed at 47.504(d)).

(2) 15 U.S.C. 644(d), Requirements relative to labor surplus areas under the Small Business Act (see subpart 19.2).

(3) [Reserved]

(4) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000 (see subpart 22.6).

(5) 41 U.S.C. 4703, Validation of Proprietary Data restrictions (see subpart 27.4).

(6) 41 U.S.C. 3901(b) and 10 U.S.C. 3321(b), Contingent Fees (see subpart 3.4).

(7) 41 U.S.C. 4706(d) and 10 U.S.C. 3841(d), Examination of Records of Contractor, when a subcontractor is not required to provide certified cost or pricing data (see 15.209(b)), unless using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

(8) 41 U.S.C. 1708(e)(3), Minimum Response Time for Offers (see subpart 5.2).

(9) 41 U.S.C. 2302, Rights in Technical Data (see subpart 27.4).

(10) 41 U.S.C. chapter 81, Drug-Free Workplace Act (see subpart 26.5).

(11) 46 U.S.C.App.1241(b), Transportation in American Vessels of Government Personnel and Certain Cargo (see subpart 47.5) (except for the types of subcontracts listed at 47.504(d)).

(12) 49 U.S.C. 40118, Fly American provisions (see subpart 47.4).

(13) 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. 4601 note prec.), Payment Protections for Subcontractors and Suppliers (see 28.106-6).

(b) The requirements for a certificate and clause under the Contract Work Hours and Safety Standards statute, 40 U.S.C. 37, (see subpart 22.3) are not applicable to subcontracts at any tier for the acquisition of commercial products or commercial services or commercial components.

(c) The applicability of the following laws has been modified in regard to subcontracts at any tier for the acquisition of commercial products or 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 subpart 3.5).

(2) 41 U.S.C. chapter 35, and 10 U.S.C. chapter 271, Truthful Cost or Pricing Data (see subpart 15.4).

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

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Sustainable Procurement 89 FR 30212 · FAC 2024-05
Federal Acquisition Regulation: Update to Title 10 Citations 87 FR 73894 · FAC 2023-01
Federal Acquisition Regulation: Revision of Definition of “Commercial Item” 86 FR 61017 · FAC 2022-01
Federal Acquisition Regulation: Applicability of Inflation Adjustments of Acquisition-Related Thresholds 85 FR 27088 · FAC 2020-06
Federal Acquisition Regulation; Positive Law Codification of Title 41 79 FR 24192 · FAC 2005-73
Federal Acquisition Regulation; Definition of Cost or Pricing Data 75 FR 53135 · FAC 2005-45
Federal Acquisition Regulation; FAR Case 2009-011, American Recovery and Reinvestment Act of 2009 (the Recovery Act)-GAO/IG Access 74 FR 14646 · FAC 2005-32
Federal Acquisition Regulation; FAR Case 2007-022, Subcontractor Requests for Bonds 73 FR 54007 · FAC 2005-27
Federal Acquisition Regulation; FAR Case 2005-035, Changes to Lobbying Restrictions 72 FR 46327 · FAC 2005-19
Federal Acquisition Regulation; Title 40 of United States Code Reference Corrections 70 FR 57453 · FAC 2005-06
Federal Acquisition Regulation; Preference for U.S.-Flag Vessels-Subcontracts for Commercial Items 68 FR 13202 · FAC 2001-13
Federal Acquisition Regulation; Service Contract Act, Commercial Item Subcontracts 65 FR 46068 · FAC 97-19 Not on record
Show all 12

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Preventing Organizational Conflicts of Interest in Federal Acquisition 90 FR 4376 · FAR Case 2023-006, Docket No. FAR-2023-0006, Sequence No. 1 Closed Mar 17, 2025No final rule found

Sections cited

Quick answers

What is FAR 12.504?

FAR 12.504 is a section of the Federal Acquisition Regulation, titled "Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services".

When was FAR 12.504 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Sustainable Procurement" (89 FR 30212), published Apr 22, 2024 and effective May 22, 2024.

Are changes to FAR 12.504 proposed?

One proposed change has no final rule yet.

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