---
kind: "section"
citation: "10 U.S.C. § 3459"
title: "10"
title_heading: "Armed Forces"
number: "3459"
heading: "Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/3459"
units:
  - "Subtitle A — General Military Law"
  - "Part V — Acquisition"
  - "Subpart C — Contracting Methods and Contract Types"
  - "Chapter 247 — Procurement of Commercial Products and Commercial Services"
---

# §3459. Limitation on required flowdown of contract clauses to subcontractors providing commercial products or commercial services

- (a) **In General.—** The [Secretary](/usc/10/4951.md?p=3) of Defense may not require that a clause be included in a [subcontract](/usc/10/3701.md?p=2) for the acquisition of [commercial products](/usc/10/3011.md?p=9) or [commercial services](/usc/10/3011.md?p=10) other than a clause that is on the lists required by [section 3452 of this title](/usc/10/3452.md) or unless otherwise applicable pursuant to [subsection (e)](/usc/10/3452.md?p=e) of such section.
- (b) **Applicability to Other Supply Agreements.—** The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/3452.md).
- (c) **Definitions.—** In this section, the terms “other supply agreement” and “[subcontract](/usc/10/3701.md?p=2)” have the meanings given such terms, respectively, in [section 3452(c)(2) of this title](/usc/10/3452.md?p=c-2).
- (d) **Applicability.—** [Subsection (a)](#a) shall apply only with respect to [subcontracts](/usc/10/3701.md?p=2) entered into after the earliest date on which the lists required by [section 3452 of this title](/usc/10/3452.md) are published in the Defense Federal Acquisition Regulation Supplement.

## Source credit

(Added Pub. L. 119–60, div. A, title XVIII, § 1824, Dec. 18, 2025, 139 Stat. 1248.)