§ 429. — List of laws inapplicable to contracts not greater than simplified acquisition threshold in Federal Acquisition Regulation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC429]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 429. List of laws inapplicable to contracts not greater
than simplified acquisition threshold in Federal Acquisition
Regulation
(a) List of inapplicable provisions of law
(1) The Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to contracts or subcontracts in
amounts not greater than the simplified acquisition threshold. A
provision of law that is properly included on the list pursuant to
paragraph (2) may not be construed as applicable to such contracts or
subcontracts (as the case may be) by an executive agency. Nothing in
this section shall be construed to render inapplicable to contracts and
subcontracts in amounts not greater than the simplified acquisition
threshold any provision of law that is not included on such list.
(2) A provision of law described in subsection (b) of this section
that is enacted after October 13, 1994, shall be included on the list of
inapplicable provisions of law required by paragraph (1), unless the
Federal Acquisition Regulatory 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.
(b) Covered law
A provision of law referred to in subsection (a)(2) of this section
is any provision of law that, as determined by the Federal Acquisition
Regulatory Council, 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 or
subcontracts in amounts not greater than the simplified acquisition
threshold.
(c) Petition
In the event that a provision of law described in subsection (b) of
this section is not included on the list of inapplicable provisions of
law as required by subsection (a) of this section, and no written
determination has been made by the Federal Acquisition Regulatory
Council pursuant to subsection (a)(2) of this section, a person may
petition the Administrator for Federal Procurement Policy to take
appropriate action. The Administrator shall revise the Federal
Acquisition Regulation to include the provision on the list of
inapplicable provisions of law unless the Federal Acquisition Regulatory
Council makes a determination pursuant to subsection (a)(2) of this
section within 60 days after the date on which the petition is received.
(Pub. L. 93-400, Sec. 33, as added Pub. L. 103-355, title IV, Sec. 4101,
Oct. 13, 1994, 108 Stat. 3339.)
Effective Date
For effective date and applicability of section, see section 10001
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note
under section 251 of this title.
Section Referred to in Other Sections
This section is referred to in section 252a of this title; title 10
sections 2302a, 2534.
