---
kind: "section"
citation: "48 C.F.R. § 12.503"
title: "48"
number: "12.503"
heading: "Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services."
url: "https://uscodex.org/cfr/48/12.503"
---

# §12.503. Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services.

- (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](/usc/10/983.md), 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)](/usc/31/1354.md?p=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)](/usc/41/1708.md?p=e-3), Minimum Response Time for Offers (see 5.203).
  - (4) [41 U.S.C. 2303(b)](/usc/41/2303.md?p=b), Policy on Personal Conflicts of Interest by Contractor Employees (see [subpart 3.11](/cfr/48/subpart3.11.md)).
  - (5) 41 U.S.C. [3901(b)](/usc/41/3901.md?p=b) and [10](/usc/41/10.md) U.S.C. 3321(b) Contingent Fees (see 3.404).
  - (6) 41 U.S.C. [4706(d)(1)](/usc/41/4706.md?p=d-1) and [10](/usc/41/10.md) U.S.C. 3841(d)(1), GAO Access to Contractor Employees, section 871 of Public Law 110-417 (see 52.214-26 and 52.215-2).
  - (7) 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $10,000 (see [subpart 22.6](/cfr/48/subpart22.6.md)).
  - (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](/usc/10/4601.md) note prec.), Payment Protections for Subcontractors and Suppliers (see 28.106-6).
  - (10) [15 U.S.C. 644(w)](/usc/15/644.md?p=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 or commercial services:
  - (1) [22 U.S.C. 2593e](/usc/22/2593e.md), 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](/usc/41/8703.md) and [8704](/usc/41/8704.md), Requirement for a clause and certain other requirements related to kickbacks (see 3.502).
  - (4) [49 U.S.C. 40118](/usc/49/40118.md), 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)](/usc/49/40118.md?p=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](/usc/41/4704.md) and [10](/usc/41/10.md) 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 (see [48 CFR chapter 99](/cfr/48/ch99.md)) (see 12.214).

## Notes

### Amendments

[60 FR 48241, Sept. 18, 1995]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 60 FR 48241, Sept. 18, 1995, unless otherwise noted.

### Amendments

[60 FR 48241, Sept. 18, 1995]