41 U.S.C. § 431 : US Code - Section 431: Commercially available off-the-shelf item acquisitions: lists of inapplicable laws in Federal Acquisition Regulation

Search 41 U.S.C. § 431 : US Code - Section 431: Commercially available off-the-shelf item acquisitions: lists of inapplicable laws in Federal Acquisition Regulation

(a) Lists 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 commercially available off-the-shelf items.
(2) A provision of law that, pursuant to paragraph (3), is
properly included on a list referred to in paragraph (1) may not be
construed as being applicable to contracts referred to in paragraph
(1). Nothing in this section shall be construed to render
inapplicable to such contracts any provision of law that is not
included on such list.
(3) A provision of law described in subsection (b) of this
section shall be included on the list of inapplicable provisions of
law required by paragraph (1) unless the Administrator for Federal
Procurement Policy makes a written determination that it would not
be in the best interest of the United States to exempt such
contracts from the applicability of that provision of law. Nothing
in this section shall be construed as modifying or superseding, or
as being intended to impair or restrict authorities or
responsibilities under -
(A) section 644 of title 15; or
(B) bid protest procedures developed under the authority of
subchapter V of chapter 35 of title 31; subsections (e) and (f)
of section 2305 of title 10; or subsections (h) and (i) of
section 253b of this title.
(b) Covered law
Except as provided in subsection (a)(3) of this section, the list
referred to in subsection (a)(1) of this section shall include each
provision of law that, as determined by the Administrator, imposes
on persons who have been awarded contracts by the Federal
Government for the procurement of commercially available off-the-
shelf items Government-unique policies, procedures, requirements,
or restrictions for the procurement of property or services, except
the following:
(1) A provision of law that provides for criminal or civil
penalties.
(2) A provision of law that specifically refers to this section
and provides that, notwithstanding this section, such provision
of law shall be applicable to contracts for the procurement of
commercially available off-the-shelf items.
(c) "Commercially available off-the-shelf item" defined
(1) As used in this section, the term "commercially available off-
the-shelf item" means, except as provided in paragraph (2), an
item that -
(A) is a commercial item (as described in section 403(12)(A) of
this title);
(B) is sold in substantial quantities in the commercial
marketplace; and
(C) is offered to the Government, without modification, in the
same form in which it is sold in the commercial marketplace.
(2) The term "commercially available off-the-shelf item" does not
include bulk cargo, as defined in section 1702 of title 46,
Appendix, such as agricultural products and petroleum products.