---
kind: "section"
citation: "41 U.S.C. § 1906"
title: "41"
title_heading: "Public Contracts"
number: "1906"
heading: "List of laws inapplicable to procurements of commercial products and commercial services"
release: "119-102"
url: "https://uscodex.org/usc/41/1906"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 19 — Simplified Acquisition Procedures"
---

# §1906. List of laws inapplicable to procurements of commercial products and commercial services

- (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) **Contracts.—**
  - (1) **Inclusion in federal acquisition regulation.—** The [Federal Acquisition Regulation](/usc/41/106.md) shall include a list of provisions of law that are inapplicable to contracts for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md). A provision of law properly included on the list pursuant to [paragraph (2)](#b-2) does not apply to purchases of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md) 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 for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md).
  - (2) **Laws enacted after october 13, 1994.—** A provision of law described in [subsection (d)](#d) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of law 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 for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md) from the applicability of the provision.
- (c) **Subcontracts.—**
  - (1) **Definition.—** In this subsection, the term “subcontract” includes a transfer of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md) between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Federal Government and other parties and are not identifiable to any particular contract.
  - (2) **Inclusion in federal acquisition regulation.—** The [Federal Acquisition Regulation](/usc/41/106.md) shall include a list of provisions of law that are inapplicable to [subcontracts](#c-1) under a contract or [subcontract](#c-1) for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md). A provision of law properly included on the list pursuant to [paragraph (3)](#c-3) does not apply to those [subcontracts](#c-1). This section does not render a provision of law not included on the list inapplicable to [subcontracts](#c-1) under a contract for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md).
  - (3) **Provisions to be excluded from list.—** A provision of law described in [subsection (d)](#d) shall be included on the list of inapplicable provisions of law required by [paragraph (2)](#c-2) unless the [Council](#a) makes a written determination that it would not be in the best interest of the Federal Government to exempt [subcontracts](#c-1) under a contract for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md) from the applicability of the provision.
  - (4) **Waiver not authorized.—** This subsection does not authorize the waiver of the applicability of any provision of law with respect to any [subcontract](#c-1) under a contract with a prime contractor reselling or distributing [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md) of another contractor without adding value.
- (d) **Covered Law.—** A provision of law referred to in subsections [(b)(2)](#b-2) and (c) 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 for the [procurement](/usc/41/111.md) of [commercial products](/usc/41/103.md) or [commercial services](/usc/41/103a.md).
- (e) **Petition.—** A person may petition the [Administrator](/usc/41/101.md) to take appropriate action when a provision of law described in [subsection (d)](#d) is not included on the list of inapplicable provisions of law as required by subsection [(b)](#b) or [(c)](#c) and the [Council](#a) has not made a written determination pursuant to subsection [(b)(2)](#b-2) or [(c)(3)](#c-3). 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) or [(c)(3)](#c-3) within 60 days after the petition is received.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3723; Pub. L. 115–91, div. A, title VIII, § 820, Dec. 12, 2017, 131 Stat. 1464; Pub. L. 115–232, div. A, title VIII, § 836(b)(6)(A), (B)(i), Aug. 13, 2018, 132 Stat. 1861.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 1906(a) | no source. |  |
| 1906(b)–(e) | 41:430. | Pub. L. 93–400, § 34, as added Pub. L. 103–355, title VIII, § 8003(a), Oct. 13, 1994, 108 Stat. 3388. |

### Editorial Notes

### Amendments

2018—Pub. L. 115–232, § 836(b)(6)(B)(i), substituted “List of laws inapplicable to procurements of commercial products and commercial services” for “List of laws inapplicable to procurements of commercial items” in section catchline.

Subsecs. (b) to (d). Pub. L. 115–232, § 836(b)(6)(A), substituted “commercial products or commercial services” for “commercial items” wherever appearing.

2017—Subsec. (c)(1). Pub. L. 115–91 inserted at end “The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Federal Government and other parties and are not identifiable to any particular contract.”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.