Section 1907 - List of laws inapplicable to procurements of commercially available off-the-shelf items(a) INCLUSION IN FEDERAL ACQUISITION REGULATION.-(1) IN GENERAL.-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) LAWS TO BE INCLUDED.-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) OTHER AUTHORITIES OR RESPONSIBILITIES NOT AFFECTED.-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) sections 3706 and 3707 of this title.(b) COVERED LAW.-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. Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3724; Pub. L. 117-81, div. A, title XVII, §1702(h)(8), Dec. 27, 2021, 135 Stat. 2158.| HISTORICAL AND REVISION NOTES |
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 1907 | 41:431(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. |
AMENDMENTS2021-Subsec. (a)(3)(B)(ii). Pub. L. 117-81 substituted "section 3308" for "section 2305(e) and (f)".