Title 41Public ContractsRelease 119-73not60

§1905 List of Laws Inapplicable to Contracts or Subcontracts Not Greater Than Simplified Acquisition Threshold

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

Last updated Apr 5, 2026|Official source

Summary

Require the Federal Acquisition Regulation (FAR) to list laws that do not apply to contracts or subcontracts worth no more than the simplified acquisition threshold. Any law passed after October 13, 1994 that sets rules for buying goods or services must go on that list unless the Council writes that it would not be in the federal government’s best interest to exempt those small contracts. Laws that create criminal or civil penalties, or laws that specifically say they still apply to small contracts, are not put on the list. Council — the group named in section 1301 that handles federal procurement rules. Anyone can ask the Administrator to add a law to the list if it was left off. The Administrator must update the FAR unless the Council decides within 60 days not to exempt the law.

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 5, 2026

Release point: 119-73not60