[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR12.503]

[Page 193-194]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 12_ACQUISITION OF COMMERCIAL ITEMS--Table of Contents
 
    Subpart 12.5_Applicability of Certain Laws to the Acquisition of 
                            Commercial Items
 
Sec.  12.503  Applicability of certain laws to Executive agency contracts for the acquisition of commercial items.

    (a) The following laws are not applicable to Executive agency 
contracts for the acquisition of commercial items:
    (1) 41 U.S.C. 43, Walsh-Healey Act (see subpart 22.6).
    (2) 41 U.S.C. 254(a) and 10 U.S.C. 2306(b), Contingent Fees (see 
3.404).
    (3) 41 U.S.C. 416(a)(6), Minimum Response Time for Offers under 
Office of Federal Procurement Policy Act (see 5.203).
    (4) 41 U.S.C. 701, et seq., Drug-Free Workplace Act of 1988 (see 
23.501).
    (5) 31 U.S.C. 1354(a), Limitation on use of appropriated funds for 
contracts

[[Page 194]]

with entities not meeting veterans employment reporting requirements 
(see 22.1302).
    (b) Certain requirements of the following laws are not applicable to 
executive agency contracts for the acquisition of commercial items:
    (1) 40 U.S.C. 327 et seq., Requirement for a certificate and clause 
under the Contract Work Hours and Safety Standards Act (see 22.305).
    (2) 41 U.S.C. 57(a) and (b), and 58, Requirement for a clause and 
certain other requirements related to the Anti-Kickback Act of 1986 (see 
3.502).
    (3) 49 U.S.C. 40118, Requirement for a clause under the Fly American 
provisions (see 47.405).
    (c) The applicability of the following laws have been modified in 
regards to Executive agency contracts for the acquisition of commercial 
items:
    (1) 41 U.S.C. 253g and 10 U.S.C. 2402, Prohibition on Limiting 
Subcontractor Direct Sales to the United States (see 3.503).
    (2) 41 U.S.C. 254(d) and 10 U.S.C. 2306a, Truth in Negotiations Act 
(see 15.403).
    (3) 41 U.S.C. 422, Cost Accounting Standards (see 48 CFR chapter 99) 
(see 12.214).

[60 FR 48241, Sept. 18, 1995, as amended at 61 FR 67418, Dec. 20, 1996; 
62 FR 232, 236, Jan. 2, 1997; 62 FR 10710, Mar. 10, 1997; 62 FR 51270, 
Sept. 30, 1997; 64 FR 10532, Mar. 4, 1999; 64 FR 72416, Dec. 27, 1999; 
66 FR 53488, Oct. 22, 2001]