12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial items.
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(a) The following laws are not applicable to Executive agency contracts for the acquisition of commercial items:
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(1) 41 U.S.C.chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see subpart 22.6).
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(2) 41 U.S.C.3901(b) and 10 U.S.C.2306(b), Contingent Fees (see 3.404).
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(3) 41 U.S.C.1708(e)(3), Minimum Response Time for Offers (see 5.203).
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(4) 41 U.S.C.chapter 81, Drug-Free Workplace (see 23.501).
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(5) 31 U.S.C.1354(a), Limitation on use of appropriated funds for contracts with entities not meeting veterans’ employment reporting requirements (see 22.1302).
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(6) [Reserved]
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(7) 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. 2302 note), Payment Protections for Subcontractors and Suppliers (see 28.106-6).
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(8) 41 U.S.C. 4706(d)(1) and 10 U.S.C. 2313(c)(1), GAO Access to Contractor Employees, Section 871 of Pub. L. 110-417 (see 52.214-26 and 52.215-2).
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(9) 41U.S. C.2303, Policy on Personal Conflicts of Interest by Contractor Employees (see subpart 3.11).
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(b) Certain requirements of the following laws are not applicable to executive agency contracts for the acquisition of commercial items:
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(1) 22 U.S.C. 2593e, 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).
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(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).
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(3) 41 U.S.C.8703 and 8703, Requirement for a clause and certain other requirements related to kickbacks (see 3.502).
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(4) 49 U.S.C.40118, Requirement for a clause under the Fly American provisions (see 47.405).
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(c) The applicability of the following laws have been modified in regards to Executive agency contracts for the acquisition of commercial items:
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(1) 41 U.S.C.4704 and 10 U.S.C.2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see 3.503).
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(2) 41 U.S.C.chapter 35, Truthful Cost or Pricing Data, and 10 U.S.C.2306a, Truth in Negotiations Act (see 15.403).
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(3) 41 U.S.C.chapter 15, Cost Accounting Standards (48 CFR Chapter 99) (see 12.214).
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