41 U.S.C. § 429 : US Code - Section 429: List of laws inapplicable to contracts not greater than simplified acquisition threshold in Federal Acquisition Regulation

Search 41 U.S.C. § 429 : US Code - Section 429: List of laws inapplicable to contracts not greater than simplified acquisition threshold in Federal Acquisition Regulation

(a) List of inapplicable provisions of law
(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 that is properly included on the list
pursuant to paragraph (2) may not be construed as applicable to
such contracts or subcontracts (as the case may be) by an executive
agency. Nothing in this section shall be construed to render
inapplicable to contracts and subcontracts in amounts not greater
than the simplified acquisition threshold any provision of law that
is not included on such list.
(2) A provision of law described in subsection (b) of this
section that is enacted after October 13, 1994, shall be included
on the list of inapplicable provisions of law required by paragraph
(1), unless the Federal Acquisition Regulatory 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.
(b) Covered law
A provision of law referred to in subsection (a)(2) of this
section is any provision of law that, as determined by the Federal
Acquisition Regulatory Council, 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.
(c) Petition
In the event that a provision of law described in subsection (b)
of this section is not included on the list of inapplicable
provisions of law as required by subsection (a) of this section,
and no written determination has been made by the Federal
Acquisition Regulatory Council pursuant to subsection (a)(2) of
this section, a person may petition the Administrator for Federal
Procurement Policy to take appropriate action. The Administrator
shall revise the Federal Acquisition Regulation to include the
provision on the list of inapplicable provisions of law unless the
Federal Acquisition Regulatory Council makes a determination
pursuant to subsection (a)(2) of this section within 60 days after
the date on which the petition is received.