§ 1906. List of laws inapplicable to procurements of commercial products and commercial services
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/usc/title-41/section-1906A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Definition.— In this section, the term “Council” has the meaning given that term in section 1301 of this title.
(b)Contracts.—
(1)Inclusion in federal acquisition regulation.— The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph
(2)does not apply to purchases of commercial products or commercial services by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercial products or commercial services.
(2)Laws enacted after october 13, 1994.— A provision of law described in subsection
(d)that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of law required by paragraph
(1)unless the 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 products or commercial services from the applicability of the provision.
(c)Subcontracts.—
(1)Definition.— In this subsection, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Federal Government and other parties and are not identifiable to any particular contract.
(2)Inclusion in federal acquisition regulation.— The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to subcontracts under a contract or subcontract for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph
(3)does not apply to those subcontracts. This section does not render a provision of law not included on the list inapplicable to subcontracts under a contract for the procurement of commercial products or commercial services.
(3)Provisions to be excluded from list.— A provision of law described in subsection
(d)shall be included on the list of inapplicable provisions of law required by paragraph
(2)unless the 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 products or commercial services from the applicability of the provision.
(4)Waiver not authorized.— This subsection does not 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 products or commercial services of another contractor without adding value.
(d)Covered Law.— A provision of law referred to in subsections (b)(2) and
(c)is a provision of law that the Council determines 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 products or commercial services.
(e)Petition.— A person may petition the Administrator to take appropriate action when a provision of law described in subsection
(d)is not included on the list of inapplicable provisions of law as required by subsection
(b)or
(c)and the Council has not made a written determination pursuant to subsection (b)(2) or (c)(3). The Administrator shall revise the Federal Acquisition Regulation to include the provision on the list of inapplicable provisions of law unless the Council makes a determination pursuant to subsection (b)(2) or (c)(3) within 60 days after the petition is received.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3723; Pub. L. 115–91, div. A, title VIII, § 820, Dec. 12, 2017, 131 Stat. 1464; Pub. L. 115–232, div. A, title VIII, § 836(b)(6)(A), (B)(i), Aug. 13, 2018, 132 Stat. 1861.)
Connections188 cite this · traces to 4
Cited by 188 sections · top 60
U.S. Code
- § 453bRequirement to buy certain items related to national security interests from American sources; exceptions
- § 4862Requirement to buy certain articles from American sources; exceptions
- § 4863Requirement to buy strategic materials critical to national security from American sources; exceptions
- § 3307Preference for commercial products and commercial services
- § 3452Relationship of other provisions of law to procurement of commercial products and commercial services
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- Rules and RegulationsFinal rule
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- NoticesSemiannual regulatory agenda
- Rules and RegulationsFinal rule
- NoticesProposed rule
- Rules and RegulationsInterim rule
- Rules and RegulationsInterim rule
- Rules and RegulationsFinal rule
- Proposed RulesFinal rule
- Proposed RulesProposed rule
- NoticesSemiannual Regulatory Agenda
- Rules and RegulationsInterim rule
- Proposed RulesProposed rule
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Traces to 4 documents
U.S. Code
4 references not yet in our index
- Pub. L. 111–350, § 3
- 124 Stat. 3723
- 131 Stat. 1464
- 132 Stat. 1861
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§ 1906
List of laws inapplicable to procurements of commercial products and commercial services
Fed. Reg.×177
U.S.C.×11
Pub. L.Pub. L. 111–350, § 3
Stat.124 Stat. 3723
Stat.131 Stat. 1464
Stat.132 Stat. 1861
Cites 8Cited by 188 across 2 sources