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

---
identifier: "/us/usc/t41/s1907"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 1907 - List of laws inapplicable to procurements of commercially available off-the-shelf items"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "1907"
section_name: "List of laws inapplicable to procurements of commercially available off-the-shelf items"
chapter_number: 19
chapter_name: "SIMPLIFIED ACQUISITION PROCEDURES"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3724;Pub. L. 117–81, div. A, title XVII, § 1702(h)(8), Dec. 27, 2021, 135 Stat. 2158.)"
---


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

**(a)** **Inclusion in Federal Acquisition Regulation.—**

**(1)** **In general.—** 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)** **Laws to be included.—** 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)** **Other authorities or responsibilities not affected.—** 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)** **Covered Law.—** 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.

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**Source Credit**: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3724;Pub. L. 117–81, div. A, title XVII, § 1702(h)(8), Dec. 27, 2021, 135 Stat. 2158.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1907 | 41:431(a), (b). | Pub. L. 93–400, § 35(a), (b), as added Pub. L. 104–106, title XLII, § 4203(a), Feb. 10, 1996, 110 Stat. 654; Pub. L. 105–85, title X, § 1073(g)(2)(C), Nov. 18, 1997, 111 Stat. 1906. |

### Amendments

2021—Subsec. (a)(3)(B)(ii).  substituted “section 3308” for “section 2305(e) and (f)”.