§ 431. — Commercially available offtheshelf item acquisitions: lists of inapplicable laws 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: 41USC431]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 431. Commercially available off-the-shelf item
acquisitions: lists of inapplicable laws in Federal Acquisition
Regulation
(a) Lists 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 commercially available off-the-shelf items.
(2) A provision of law that, pursuant to paragraph (3), is properly
included on a list referred to in paragraph (1) may not be construed as
being applicable to contracts referred to in paragraph (1). Nothing in
this section shall be construed to render inapplicable to such contracts
any provision of law that is not included on such list.
(3) A provision of law described in subsection (b) of this section
shall be included on the list of inapplicable provisions of law required
by paragraph (1) unless the Administrator for Federal Procurement Policy
makes a written determination that it would not be in the best interest
of the United States to exempt such contracts from the applicability of
that provision of law. Nothing in this section shall be construed as
modifying or superseding, or as being intended to impair or restrict
authorities or responsibilities under--
(A) section 644 of title 15; or
(B) bid protest procedures developed under the authority of
subchapter V of chapter 35 of title 31; subsections (e) and (f) of
section 2305 of title 10; or subsections (h) and (i) of section 253b
of this title.
(b) Covered law
Except as provided in subsection (a)(3) of this section, the list
referred to in subsection (a)(1) of this section shall include each
provision of law that, as determined by the Administrator, imposes on
persons who have been awarded contracts by the Federal Government for
the procurement of commercially available off-the-shelf items
Government-unique policies, procedures, requirements, or restrictions
for the procurement of property or services, except the following:
(1) A provision of law that provides for criminal or civil
penalties.
(2) A provision of law that specifically refers to this section
and provides that, notwithstanding this section, such provision of
law shall be applicable to contracts for the procurement of
commercially available off-the-shelf items.
(c) ``Commercially available off-the-shelf item'' defined
(1) As used in this section, the term ``commercially available off-
the-shelf item'' means, except as provided in paragraph (2), an item
that--
(A) is a commercial item (as described in section 403(12)(A) of
this title);
(B) is sold in substantial quantities in the commercial
marketplace; and
(C) is offered to the Government, without modification, in the
same form in which it is sold in the commercial marketplace.
(2) The term ``commercially available off-the-shelf item'' does not
include bulk cargo, as defined in section 1702 of title 46, Appendix,
such as agricultural products and petroleum products.
(Pub. L. 93-400, Sec. 35, as added Pub. L. 104-106, div. D, title XLII,
Sec. 4203(a), Feb. 10, 1996, 110 Stat. 654; amended Pub. L. 105-85, div.
A, title X, Sec. 1073(g)(2)(C), Nov. 18, 1997, 111 Stat. 1906.)
Codification
Another section 35 of Pub. L. 93-400 was renumbered Sec. 38 and is
classified to section 434 of this title.
Amendments
1997--Subsec. (b)(2). Pub. L. 105-85 substituted ``commercially
available'' for ``commercial''.
Effective Date
For effective date and applicability of section, see section 4401 of
Pub. L. 104-106, set out as an Effective Date of 1996 Amendment note
under section 251 of this title.
