§1907 — Title 41 Public Contracts | U.S. Code

Summary

Requires the Federal Acquisition Regulation to list laws that do not apply when the government buys commercially available off‑the‑shelf (COTS) items. If a law is put on that list, it does not apply to those COTS contracts. The Administrator must add laws that create government‑only rules, procedures, or limits for people who get COTS contracts, unless the Administrator writes that it would not be in the federal government’s best interest to exempt that law. Does not change authorities under section 15 of the Small Business Act (15 U.S.C. 644) or bid protest rules under subchapter V of chapter 35 of title 31, section 3308 of title 10, or sections 3706 and 3707. Laws that create criminal or civil penalties, or that say they still apply despite this rule, are not put on the list.

Title 41, §1907

Public Contracts — Source: USLM XML via OLRC

(a)(1)The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts for the procurement of commercially available off-the-shelf items. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercially available off-the-shelf items.

(2)A provision of law described in subsection (b) shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Administrator makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercially available off-the-shelf items from the applicability of the provision.

(3)This section does not modify, supersede, impair, or restrict authorities or responsibilities under—

(A)section 15 of the Small Business Act (15 U.S.C. 644); or

(B)bid protest procedures developed under the authority of—

(i)subchapter V of chapter 35 of title 31;

(ii)section 3308 of title 10; or

(iii)section 3706 and 3707 of this title.

(b)Except as provided in subsection (a)(3), a provision of law referred to in subsection (a)(1) is a provision of law that the Administrator determines imposes Federal Government-unique policies, procedures, requirements, or restrictions for the procurement of property or services on persons whom the Federal Government has awarded contracts for the procurement of commercially available off-the-shelf items, 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 for the procurement of commercially available off-the-shelf items.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 190741:431(a), (b).Pub. L. 93–400, § 35(a), (b), as added Pub. L. 104–106, title XLII, § 4203(a), Feb. 10, 1996, 110 Stat. 654; Pub. L. 105–85, title X, § 1073(g)(2)(C), Nov. 18, 1997, 111 Stat. 1906.

Amendments

2021—Subsec. (a)(3)(B)(ii). Pub. L. 117–81 substituted “section 3308” for “section 2305(e) and (f)”.

§1907 List of Laws Inapplicable to Procurements of Commercially Available Off-the-shelf Items

Summary

Title 41, §1907

Notes & Related Subsidiaries

Historical and Revision Notes

Amendments

Citations & Metadata