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41 U.S.C. § 1905 — List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold
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) 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 or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency. 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.
(2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws 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 or subcontracts in amounts not greater than the simplified acquisition threshold from the applicability of the provision.
**(c) Covered Law.—** A provision of law referred to in subsection (b)(2) 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, notwith
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Source file: Laws/federal/codes/united-states-code/title-41/section-1905-list-of-laws-inapplicable-to-contracts-or-subcontracts-not-greater-than--b4863a40a2.md
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Source location: Title 41, Chapter 19, § 1905; 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) 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 or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency. 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.
(2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws 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 or subcontracts in amounts not greater than the simplified acquisition threshold from the applicability of the provision.
**(c) Covered Law.—** A provision of law referred to in subsection (b)(2) 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 or subcontracts in amounts not greater than the simplified acquisition threshold.
**(d) Petition.—** A person may petition the Administrator to take appropriate action when a provision of law described in subsection (c) is not included on the list of inapplicable provisions of law as required by subsection (b) and the Council has not made a written determination pursuant to subsection (b)(2). 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) 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) Simplified Acquisition Threshold.—** For purposes of acquisitions by agencies named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim), the simplified acquisition threshold is as specified in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim).
**(b) Inapplicable Laws.—** No law properly listed in the Federal Acquisition Regulation pursuant to [section 1905 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1905&num=0&edition=prelim) shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3571
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Certain Procurements.—** The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b):
(1) **Buses.—** — Multipassenger motor vehicles (buses).
(2) **Components for naval vessels.—** — The following components of vessels, to the extent they are unique to marine applications:
(A) Gyrocompasses.
(B) Electronic navigation chart systems.
(C) Steering controls.
(D) Propulsion and machinery control systems.
(E) Totally enclosed lifeboats.
(F) Welded shipboard anchor and mooring chain.
(3) **Components for auxiliary ships.—** — Subject to subsection (k), large medium-speed diesel engines.
(4) **Components for t–ao 205 and t–arc class vessels.—** — The following components of T–AO 205 and T–ARC class vessels:
(A) Auxiliary equipment, including pumps, for all shipboard services.
(B) Propulsion system components, including engines, reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
(5) **Star tracker.—** — A star tracker used in a satellite weighing more than 400 pounds whose principal purpose is to support the national security, defense, or intelligence needs of the United States Government.
**(b) Manufacturer in the National Technology and Industrial Base.—**
(1) Except as provided in paragraph (2), a manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
**(c) Applicability to Certain Items.—** Subsection (a) does not apply t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4864
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on procurement and use**
(1) **In general** — The head of an agency is prohibited from procuring or obtaining, renewing a contract to procure or obtain, or using an Internet of Things device, if the Chief Information Officer of that agency determines during a review required by [section 11319(b)(1)(C) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11319/b/1/C&num=0&edition=prelim) of a contract for such device that the use of such device prevents compliance with the standards and guidelines developed under [section 278g–3b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section278g-3b&num=0&edition=prelim) or the guidelines published under [section 278g–3c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section278g-3c&num=0&edition=prelim) with respect to such device.
(2) **Simplified acquisition threshold** — Notwithstanding [section 1905 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1905&num=0&edition=prelim), the requirements under paragraph (1) shall apply to a contract or subcontract in amounts not greater than the simplified acquisition threshold.
**(b) Waiver**
(1) **Authority** — The head of an agency may waive the prohibition under subsection (a)(1) with respect to an Internet of Things device if the Chief Information Officer of that agency determines that—
(A) the waiver is necessary in the interest of national security;
(B) procuring, obtaining, or using such device is necessary for research purposes; or
(C) such device is secured using alternative and effective methods appropriate to the function of such device.
(2) **Agency process** — The Director of OMB shall establish
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 278g–3e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** An executive agency shall make purchases and contracts for property and services in accordance with this division and implementing regulations of the Administrator of General Services.
**(b) Simplified Acquisition Threshold and Procedures.—**
(1) **Simplified acquisition threshold.—**
(A) *Definition.—* — For purposes of an acquisition by an executive agency, the simplified acquisition threshold is as specified in [section 134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim).
(B) *Inapplicable laws.—* — A law properly listed in the Federal Acquisition Regulation pursuant to [section 1905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1905&num=0&edition=prelim) does not apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold.
(2) **Simplified acquisition procedures.—** — Simplified acquisition procedures contained in the Federal Acquisition Regulation pursuant to [section 1901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim) apply in executive agencies as provided in section 1901.
**(c) Exceptions.—**
(1) **In general.—** — This division does not apply—
(A) to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration; or
(B) except as provided in paragraph (2), when this division is made inapplicable pursuant to law.
(2) **Applicability of certain laws related to advertising, opening of bids, and length of contract.—** — Sections 6101, 6103, and 6304 of this title do not apply to the procurement of property or services made by an executive agency pursuant t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
Page 61
TITLE 41—PUBLIC CONTRACTS
§ 1905
(4) APPLICABILITY
TO
SELECTED
EXECUTIVE
AGENCIES.—
(A) OFFICE OF MANAGEMENT AND BUDGET.—
The head of an executive agency may exer-
cise authority under this subsection for a
project only if authorized by the Director of
the Office of Management and Budget.
(B) DEPARTMENT OF HOMELAND SECURITY.—
Authority under this subsection does not
apply to the Secretary of Homeland Security
while section 831 of the Homeland Security
Act of 2002 (6 U.S.C. 391) is in effect.
(b) REGULATIONS.—The Director of the Office
of Management and Budget shall prescribe regu-
lations to carry out this section. No transaction
may be conducted under the authority of this
section before the regulations take effect.
(c) ANNUAL REPORT.—The annual report of the
head of an executive agency that is required
under section 2371(h) 1 of title 10, as applied to
the head of the executive agency by subsection
(a), shall be submitted to the Committee on
Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and
Government Reform of the House of Representa-
tives.
(d) TERMINATION OF AUTHORITY.—The author-
ity to carry out transactions under subsection
(a) terminates on September 30, 2008.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3721.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1904 ............
41:428a note.
Pub. L. 108–136, title XIV,
§ 1441, Nov. 24, 2003, 117
Stat. 1673.
In subsection (a)(2), the reference to subsection (g) of
section 845 of the National Defense Authorization Act
for Fiscal Year 1994 (Public Law 103–160, 10 U.S.C. 2371
note) is changed to subsection (i) because of section
847(c)(1) of the National Defense Authorization Act for
Fisca
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1905
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.