subcontract

(2) Contract clauses.— (A) Definition .— In this paragraph, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. (B) List of clauses to be included .— The regulations prescribed under paragraph (1) shall contain a list of contract clauses to be included in contracts for the acquisition of end items that are commercial products. To the maximum extent practicable, the list shall include only those contract clauses that are— (i) required to implement provisions of law or executive orders applicable to acquisitions of commercial products, commercial components, or commercial services; or (ii) determined to be consistent with standard commercial practice. (C) Requirements of prime contractor .— The regulations shall provide that the Federal Government shall not require a prime contractor to apply to any of its divisions, subsidiaries, affiliates, subcontractors, or suppliers that are furnishing commercial products or commercial services any contract clause except those that are— (i) required to implement provisions of law or executive orders applicable to subcontractors furnishing commercial products, commercial components, or commercial services; or (ii) determined to be consistent with standard commercial practice. (D) Clauses that may be used in a contract .— To the maximum extent practicable, only the contract clauses listed pursuant to subparagraph (B) may be used in a contract, and only the contract clauses referred to in subparagraph (C) may be required to be used in a subcontract, for the acquisition of commercial products, commercial components, or commercial services by or for an executive agency. (E) Waiver of contract clauses .— The Federal Acquisition Regulation shall provide standards and procedures for waiving the use of contract clauses required pursuant to subparagraph (B), other than those required by law, including standards for determining the cases in which a waiver is appropriate.

Source

41 USC § 3307(e)(2)


Scoping language

In this paragraph
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