Title 41Public ContractsRelease 119-73

§1905 List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 19— - SIMPLIFIED ACQUISITION PROCEDURES › § 1905

Last updated Apr 6, 2026|Official source

Summary

The Federal Acquisition Regulation (FAR) must list laws that do not apply to contracts or subcontracts that are at or below the simplified acquisition threshold. If a law is on that list, executive agencies do not have to follow it for those smaller purchases. Laws not put on the list still apply. Any new law about government buying made after October 13, 1994 must be added to the list unless the Council decides in writing that exempting small purchases would not be in the Government’s best interest. The Council will not exempt laws that create criminal or civil penalties or laws that say they apply to small purchases even if this rule exists. A person can ask the Administrator to add a law to the list, and the Administrator must do so unless the Council issues its written decision within 60 days after the request. Council — the group defined in section 1301.

Full Legal Text

Title 41, §1905

Public Contracts — Source: USLM XML via OLRC

(a)In this section, the term “Council” has the meaning given that term in section 1301 of this title.
(b)(1)The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts and subcontracts in amounts not greater than the simplified acquisition threshold.
(2)A provision of law described in subsection (c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts or subcontracts in amounts not greater than the simplified acquisition threshold from the applicability of the provision.
(c)A provision of law referred to in subsection (b)(2) is a provision of law that the Council determines sets forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, except for a provision of law that—
(1)provides for criminal or civil penalties; or
(2)specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold.
(d)A person may petition the Administrator to take appropriate action when a provision of law described in subsection (c) is not included on the list of inapplicable provisions of law as required by subsection (b) and the Council has not made a written determination pursuant to subsection (b)(2). The Administrator shall revise the Federal Acquisition Regulation to include the provision on the list of inapplicable provisions of law unless the Council makes a determination pursuant to subsection (b)(2) within 60 days after the petition is received.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1905(a)no source. 1905(b)–(d)41:429.Pub. L. 93–400, § 33, as added Pub. L. 103–355, title IV, § 4101, Oct. 13, 1994, 108 Stat. 3339.

Reference

Citations & Metadata

Citation

41 U.S.C. § 1905

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73