on the list inapplicable to contracts for the procurement of commercial 
items. 
(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 items from the 
applicability of the provision. 
(c) SUBCONTRACTS.— 
(1) DEFINITION.—In this subsection, the term ‘‘subcontract’’ in-
cludes a transfer of commercial items between divisions, subsidiaries, 
or affiliates of a contractor or subcontractor. 
(2) INCLUSION IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral 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 items. A provision of law properly included 
on the list pursuant to paragraph (3) does not apply to those sub-
contracts. This section does not render a provision of law not included 
on the list inapplicable to subcontracts under a contract for the pro-
curement of commercial items. 
(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 items from the applicability of the provi-
sion. 
(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 items 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, notwith-
standing this section, it shall be applicable to contracts for the procure-
ment of commercial items. 
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(e) PETITION.—A person may petition the Administrator to take appro-
priate action when a provision of law described in subsection (d) is not in-
cluded 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 sub-
section (b)(2) or (c)(3) within 60 days after the petition is received. 
§ 1907. List of laws inapplicable to procurements of commer-
cially 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 pro-
curement 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 in-
cluded on the list inapplicable to contracts for the procurement of com-
mercially available off-the-shelf items. 
(2) LAWS TO BE INCLUDED.—A provision of law described in sub-
section (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 2305(e) and (f) 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 Admin-
istrator determines imposes Federal Government-unique policies, proce-
dures, requirements, or restrictions for the procurement of property or serv-
ices 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 
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