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41 U.S.C. § 1906 — List of laws inapplicable to procurements of commercial products and commercial services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Contracts.—**
(1) **Inclusion in federal acquisition regulation.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph (2) does not apply to purchases of commercial products or commercial services by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercial products or commercial services.
(2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (d) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercial products or commercial services from the applicability of the provision.
**(c) Subcontracts.—**
(1) **Definition.—** — In this subsection, the term “subcontract” includes a transfer of commercial products or commercial services 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) **In
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Source file: Laws/federal/codes/united-states-code/title-41/section-1906-list-of-laws-inapplicable-to-procurements-of-commercial-products-and-com--ca6f456ded.md
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Source location: Title 41, Chapter 19, § 1906; chapter-019-chapter-19.md
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**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Contracts.—**
(1) **Inclusion in federal acquisition regulation.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph (2) does not apply to purchases of commercial products or commercial services by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercial products or commercial services.
(2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (d) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercial products or commercial services from the applicability of the provision.
**(c) Subcontracts.—**
(1) **Definition.—** — In this subsection, the term “subcontract” includes a transfer of commercial products or commercial services 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 shall include a list of provisions of law that are inapplicable to subcontracts under a contract or subcontract for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph (3) does not apply to those subcontracts. This section does not render a provision of law not included on the list inapplicable to subcontracts under a contract for the procurement of commercial products or commercial services.
(3) **Provisions to be excluded from list.—** — A provision of law described in subsection (d) shall be included on the list of inapplicable provisions of law required by paragraph (2) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt subcontracts under a contract for the procurement of commercial products or commercial services 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 under a contract with a prime contractor reselling or distributing commercial products or commercial services of another contractor without adding value.
**(d) Covered Law.—** A provision of law referred to in subsections (b)(2) and (c) is a provision of law that the Council determines sets forth policies, procedures, requirements, or restrictions for the procurement 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 of commercial products or commercial services.
**(e) Petition.—** A person may petition the Administrator to take appropriate action when a provision of law described in subsection (d) is not included on the list of inapplicable provisions of law as required by subsection (b) or (c) and the Council has not made a written determination pursuant to subsection (b)(2) or (c)(3). The Administrator shall revise the Federal Acquisition Regulation to include the provision on the list of inapplicable provisions of law unless the Council makes a determination pursuant to subsection (b)(2) or (c)(3) within 60 days after the petition is received.
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the term “Council” means the Federal Acquisition Regulatory Council established under [section 1302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal cause of action**
(1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers.
(2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller.
**(b) Special rules** In an action brought under this section for damages the following provisions apply:
(1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) **Noneconomic damages**
(A) *In general* — Noneconomic damages may be awarde
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of Government-wide Statutes.—**
(1) No contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to [section 1906(b) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906/b&num=0&edition=prelim).
(2) No subcontract under a contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to [section 1906(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906/c&num=0&edition=prelim).
(3) No contract for the procurement of a commercially available off-the-shelf item entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to [section 1907 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim).
**(b) Applicability of Defense-unique Statutes to Contracts for Commercial Products and Commercial Services.—** The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that may be applied to contracts for the procurement of commercial products and commercial services entered into by the Department of Defense.
**(c) Applicability of Defense-unique Statutes to Subcontracts for Commercial Products and Commercial Services.—**
(1) The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3452
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (c) through (h), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
**(b) Covered Items.—** An item referred to in subsection (a) is any of the following:
(1) An article or item of—
(A) food;
(B) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(C) tents (and the structural components thereof), tarpaulins, or covers;
(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
(2) Hand or measuring tools.
(3) Stainless steel flatware.
(4) Dinnerware.
(5) A flag of the United States.
**(c) Availability Exception.—** Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices.
**(d) Exception for Certain Procurements.—** Subsection (a) does not apply to the follow
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4862
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
(1) The following types of end items, or components thereof, containing a specialty metal not melted or produced in the United States: aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition.
(2) A specialty metal that is not melted or produced in the United States and that is to be purchased directly by the Department of Defense or a prime contractor of the Department.
**(b) Availability Exception.—**
(1) Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a reasonable price. For purposes of the preceding sentence, the term “compliant specialty metal” means specialty metal melted or produced in the United States.
(2) This subsection applies to prime contracts and subcontracts at any tier under such contracts.
(3) The authority in subsection (b)(1)—
(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
**(c) Exception for Certain Acquisitions.—** Subsection (a) does not apply to the following:
(1) Acquisitions outside the United States in support of con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4863
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Relationship of Provisions of Law to Procurement of Commercial Products and Commercial Services.—**
(1) **This division.—** — Unless otherwise specifically provided, all other provisions in this division also apply to the procurement of commercial products and commercial services.
(2) **Laws listed in federal acquisition regulation.—** — A contract for the procurement of a commercial product or commercial service entered into by the head of an executive agency is not subject to a law properly listed in the Federal Acquisition Regulation pursuant to [section 1906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906&num=0&edition=prelim).
**(b) Preference.—** The head of each executive agency shall ensure that, to the maximum extent practicable—
(1) requirements of the executive agency with respect to a procurement of supplies or services are stated in terms of—
(A) functions to be performed;
(B) performance required; or
(C) essential physical characteristics;
(2) those requirements are defined so that commercial services or commercial products or, to the extent that commercial products suitable to meet the executive agency’s needs are not available, nondevelopmental items other than commercial products may be procured to fulfill those requirements; and
(3) offerors of commercial services, commercial products, and nondevelopmental items other than commercial products are provided an opportunity to compete in any procurement to fill those requirements.
**(c) Implementation.—** The head of each executive agency shall ensure that procurement officials in that executive agency, to the maximum extent practicable—
(1) acquire commercial services or commercial products or nondevelopmental items other than commerci
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3307
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
**(b) Covered items** An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States:
(1) 11 So in original. No par. (2) has been enacted. An article or item of—
(A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages;
(C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
**(c) Availability exception** Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot b
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Federal law — U.S. Code and appendices · legal_authorities
Page 62
TITLE 41—PUBLIC CONTRACTS
§ 1906
the Council has not made a written determina-
tion pursuant to subsection (b)(2). The Adminis-
trator shall revise the Federal Acquisition Reg-
ulation to include the provision on the list of in-
applicable provisions of law unless the Council
makes a determination pursuant to subsection
(b)(2) within 60 days after the petition is re-
ceived.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3722.)
HISTORICAL AND REVISION NOTES
Revised
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.
§ 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.
(b) CONTRACTS.—
(1) INCLUSION IN FEDERAL ACQUISITION REGU-
LATION.—The Federal Acquisition Regulation
shall include a list of provisions of law that
are inapplicable to contracts for the procure-
ment of commercial products or commercial
services. A provision of law properly included
on the list pursuant to paragraph (2) does not
apply to purchases of commercial products or
commercial services by an executive agency.
This section does not render a provision of law
not included on the list inapplicable to con-
tracts for the procurement of commercial
products or commercial services.
(2) LAWS ENACTED AFTER OCTOBER 13, 1994.—A
provision of law described in subsection (d)
that is enacted after October 13, 1994, shall be
included on the list of inapplicable provisions
of law required by paragraph (1) unless the
Council makes a written determination that it
would n
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1906
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.