---
kind: "section"
citation: "41 U.S.C. § 1905"
title: "41"
title_heading: "Public Contracts"
number: "1905"
heading: "List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold"
release: "119-102"
url: "https://uscodex.org/usc/41/1905"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 19 — Simplified Acquisition Procedures"
---

# §1905. List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold

- (a) **Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](/usc/41/1301.md).
- (b) **Inclusion in Federal Acquisition Regulation.—**
  - (1) **In general.—** The [Federal Acquisition Regulation](/usc/41/106.md) shall include a list of provisions of law that are inapplicable to contracts or subcontracts in amounts not greater than the [simplified acquisition threshold](/usc/41/153.md?p=1). A provision of law properly included on the list pursuant to [paragraph (2)](#b-2) does not apply to contracts or subcontracts in amounts not greater than the [simplified acquisition threshold](/usc/41/153.md?p=1) that are made by an [executive agency](/usc/41/3302.md?p=a-1). 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](/usc/41/153.md?p=1).
  - (2) **Laws enacted after october 13, 1994.—** A provision of law described in [subsection (c)](#c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws required by [paragraph (1)](#b-1) unless the [Council](#a) 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](/usc/41/153.md?p=1) from the applicability of the provision.
- (c) **Covered Law.—** A provision of law referred to in [subsection (b)(2)](#b-2) is a provision of law that the [Council](#a) determines sets forth policies, procedures, requirements, or restrictions for the [procurement](/usc/41/111.md) 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](/usc/41/153.md?p=1).
- (d) **Petition.—** A person may petition the [Administrator](/usc/41/101.md) to take appropriate action when a provision of law described in [subsection (c)](#c) is not included on the list of inapplicable provisions of law as required by [subsection (b)](#b) and the [Council](#a) has not made a written determination pursuant to [subsection (b)(2)](#b-2). The [Administrator](/usc/41/101.md) shall revise the [Federal Acquisition Regulation](/usc/41/106.md) to include the provision on the list of inapplicable provisions of law unless the [Council](#a) makes a determination pursuant to [subsection (b)(2)](#b-2) within 60 days after the petition is received.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3722.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 1905(a) | no source. |  |
| 1905(b)–(d) | 41:429. | Pub. L. 93–400, § 33, as added Pub. L. 103–355, title IV, § 4101, Oct. 13, 1994, 108 Stat. 3339. |