§ 430. — List of laws inapplicable to procurements of commercial items 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: 41USC430]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 430. List of laws inapplicable to procurements of
commercial items 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 for the procurement
of commercial items. A provision of law that is properly included on the
list pursuant to paragraph (2) may not be construed as applicable to
purchases of commercial items by an executive agency. Nothing in this
section shall be construed to render inapplicable to contracts for the
procurement of commercial items any provision of law that is not
included on such list.
(2) A provision of law described in subsection (c) 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 for the procurement of commercial items from the
applicability of the provision.
(b) Subcontracts
(1) The Federal Acquisition Regulation shall include a list of
provisions of law that are inapplicable to subcontracts under either a
contract for the procurement of commercial items or a subcontract for
the procurement of commercial items. A provision of law that is properly
included on the list pursuant to paragraph (2) may not be construed as
applicable to such subcontracts. Nothing in this section shall be
construed to render inapplicable to subcontracts under a contract for
the procurement of commercial items any provision of law that is not
included on such list.
(2) A provision of law described in subsection (c) of this section
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 subcontracts under a contract for the
procurement of commercial items from the applicability of the provision.
(3) Nothing in this subsection shall be construed to 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.
(4) In this subsection, the term ``subcontract'' includes a transfer
of commercial items between divisions, subsidiaries, or affiliates of a
contractor or subcontractor.
(c) Covered law
A provision of law referred to in subsections (a)(2) and (b) 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
for the procurement of commercial items.
(d) Petition
In the event that a provision of law described in subsection (c) of
this section is not included on the list of inapplicable provisions of
law as required by subsection (a) or (b) of this section, and no written
determination has been made by the Federal Acquisition Regulatory
Council pursuant to subsection (a)(2) or (b)(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) or (b)(2) of
this section within 60 days after the date on which the petition is
received.
(Pub. L. 93-400, Sec. 34, as added Pub. L. 103-355, title VIII,
Sec. 8003(a), Oct. 13, 1994, 108 Stat. 3388.)
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 8003(b) of Pub. L. 103-355 provided that: ``No petition may
be filed under section 34(d) of the Office of Federal Procurement Policy
Act [41 U.S.C. 430(d)], as added by subsection (a), until after the date
occurring 6 months after the date of the enactment of this Act [Oct. 13,
1994].''
Section Referred to in Other Sections
This section is referred to in section 264 of this title; title 6
section 425; title 10 sections 2375, 2533a.
