41 U.S.C. § 430 : US Code - Section 430: List of laws inapplicable to procurements of commercial items in Federal Acquisition Regulation

Search 41 U.S.C. § 430 : US Code - Section 430: List of laws inapplicable to procurements of commercial items 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 for the
procurement of commercial items. A provision of law that is
properly included on the list pursuant to paragraph (2) may not be
construed as applicable to purchases of commercial items by an
executive agency. Nothing in this section shall be construed to
render inapplicable to contracts for the procurement of commercial
items any provision of law that is not included on such list.
(2) A provision of law described in subsection (c) 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 for the procurement of
commercial items from the applicability of the provision.
(b) Subcontracts
(1) The Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to subcontracts under
either a contract for the procurement of commercial items or a
subcontract for the procurement of commercial items. A provision of
law that is properly included on the list pursuant to paragraph (2)
may not be construed as applicable to such subcontracts. Nothing in
this section shall be construed to render inapplicable to
subcontracts under a contract for the procurement of commercial
items any provision of law that is not included on such list.
(2) A provision of law described in subsection (c) of this
section 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
subcontracts under a contract for the procurement of commercial
items from the applicability of the provision.
(3) Nothing in this subsection shall be construed to authorize
the waiver of the applicability of any provision of law with
respect to any subcontract under a contract with a prime contractor
reselling or distributing commercial items of another contractor
without adding value.
(4) In this subsection, the term "subcontract" includes a
transfer of commercial items between divisions, subsidiaries, or
affiliates of a contractor or subcontractor.
(c) Covered law
A provision of law referred to in subsections (a)(2) and (b) 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
for the procurement of commercial items.
(d) Petition
In the event that a provision of law described in subsection (c)
of this section is not included on the list of inapplicable
provisions of law as required by subsection (a) or (b) of this
section, and no written determination has been made by the Federal
Acquisition Regulatory Council pursuant to subsection (a)(2) or
(b)(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) or (b)(2) of this
section within 60 days after the date on which the petition is
received.