H. R. 1107—47 
contracts or subcontracts in amounts not greater than the 
simplified acquisition threshold. A provision of law properly 
included on the list pursuant to paragraph (2) does not apply 
to contracts or subcontracts in amounts not greater than the 
simplified acquisition threshold that are made by an executive 
agency. This section does not render a provision of law not 
included on the list inapplicable to contracts and subcontracts 
in amounts not greater than the simplified acquisition 
threshold. 
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A provision of 
law described in subsection (c) that is enacted after October 
13, 1994, shall be included on the list of inapplicable provisions 
of laws 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 or subcontracts 
in amounts not greater than the simplified acquisition threshold 
from the applicability of the provision. 
(c) COVERED LAW.—A provision of law referred to in subsection 
(b)(2) is a provision of law that the Council determines sets forth 
policies, procedures, requirements, or restrictions for the procure-
ment 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, not-
withstanding this section, it shall be applicable to contracts 
or subcontracts in amounts not greater than the simplified 
acquisition threshold. 
(d) PETITION.—A person may petition the Administrator to take 
appropriate action when a provision of law described in subsection 
(c) is not included on the list of inapplicable provisions of law 
as required by subsection (b) and the Council has not made a 
written determination pursuant to subsection (b)(2). The Adminis-
trator 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) 
within 60 days after the petition is received. 
§ 1906. List of laws inapplicable to procurements of commer-
cial items 
(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 items. A provision of law properly included on 
the list pursuant to paragraph (2) does not apply to purchases 
of commercial items by an executive agency. This section does 
not render a provision of law not included on the list inappli-
cable 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 procure-
ment of commercial items from the applicability of the provi-
sion.
H. R. 1107—48 
(c) SUBCONTRACTS.— 
(1) DEFINITION.—In this subsection, the term ‘‘subcontract’’ 
includes a transfer of commercial items between divisions, 
subsidiaries, or affiliates of a contractor or subcontractor. 
(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 items. A 
provision of law properly included on the list pursuant to para-
graph (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 procure-
ment 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 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 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, not-
withstanding this section, it shall be applicable to contracts 
for the procurement of commercial items. 
(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 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 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 procure-
ment 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