§ 1907. List of laws inapplicable to procurements of commercially available off-the-shelf items

• (a)
  • (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. 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 procurement of commercially available off-the-shelf items.
  • (2) A provision of law described in subsection (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) 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 3308 of title 10 ; or
      • (iii) sections 3706 and 3707 of this title.
• (b) Except as provided in subsection (a)(3), a provision of law referred to in subsection (a)(1) is a provision of law that the Administrator determines imposes Federal Government-unique policies, procedures, requirements, or restrictions for the procurement of property or services 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
  • (2) specifically refers to this section and provides that, notwithstanding this section, it shall be applicable to contracts for the procurement of commercially available off-the-shelf items.