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41 U.S.C. § 1907 — List of laws inapplicable to procurements of commercially available off-the-shelf items
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3308&num=0&edition=prelim); 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 Ad
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Source file: Laws/federal/codes/united-states-code/title-41/section-1907-list-of-laws-inapplicable-to-procurements-of-commercially-available-off--01832c90f2.md
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Source location: Title 41, Chapter 19, § 1907; chapter-019-chapter-19.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3308&num=0&edition=prelim); 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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business procurements**
(1) **In general** — For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—
(A) maintaining or mobilizing the full productive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
(2) **Industry category defined**
(A) *In general* — In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—
(i) due to special capital equipment needs;
(ii) due to special labor requirements;
(iii) due to special geographic requirements, except as provided in subparagraph (B);
(iv) due to unique Federal buying patterns or requirements; or
(v) to recognize a new industry.
(B) *Exception for geographic requirements* — The Administrator may not further segment an industry category based on geographic requirements unless—
(i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;
(ii) Governmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Protest File.—**
(1) **Establishment and access.—** — If, in the case of a solicitation for a contract issued by, or an award or proposed award of a contract by, the head of an agency, a protest is filed pursuant to the procedures in subchapter V of chapter 35 of title 31 and an actual or prospective offeror so requests, a file of the protest shall be established by the procuring activity and reasonable access shall be provided to actual or prospective offerors.
(2) **Redacted information.—** — Information exempt from disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) may be redacted in a file established pursuant to paragraph (1) unless an applicable protective order provides otherwise.
**(b) Agency Actions on Protests.—** If, in connection with a protest, the head of an agency determines that a solicitation, proposed award, or award does not comply with the requirements of law or regulation, the head of the agency—
(1) may take any action set out in subparagraphs (A) through (F) of subsection (b)(1) of [section 3554 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554&num=0&edition=prelim); and
(2) may pay costs described in paragraph (1) of [section 3554(c) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3554/c&num=0&edition=prelim) within the limits referred to in paragraph (2) of such section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3308
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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) In General.—**
(1) **Allowable materials.—** — Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.
(2) **Exceptions.—** — This section does not apply—
(A) to articles, materials, or supplies for use outside the United States;
(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in [section 8304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8304&num=0&edition=prelim)), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and
(C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim).
**(b) Reports.—**
(1) **In general.—** — Not later than 180 days after the end of the fisca
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Every contract for the construction, alteration, or repair of any public building or public work in the United States shall contain a provision that in the performance of the work the contractor, subcontractors, material men, or suppliers shall use only—
(1) unmanufactured articles, materials, and supplies that have been mined or produced in the United States; and
(2) manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
**(b) Exceptions.—**
(1) **In general.—** — This section does not apply—
(A) to articles, materials, or supplies for use outside the United States;
(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and
(C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim).
(2) **Particular article, material, or supply.—** — If the head of the Federal agency making the contract finds that it is impracticable to comply with subsection (a) for a particular article, material, or supply or that it would unreasonably increase the cost, an exception shall be noted in the specifications for that article, material, or supply and a public record of the findings that justified the exception shall be made.
(3) **Waiver authority.—** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8303
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 459
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Federal law — U.S. Code and appendices · legal_authorities
Page 973
TITLE 15—COMMERCE AND TRADE
§ 644
Editorial Notes
PRIOR PROVISIONS
Prior similar provisions were contained in section 219
of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which
was previously classified to section 648 of this title. The
provisions of section 213 of act July 30, 1953, formerly
classified to this section, were transferred to section
2[8] of Pub. L. 85–536, and are classified to section
637(b)(6), (7) of this title. See Codification note set out
under section 631 of this title.
§ 643. Fair charge for use of Government-owned
property
To the fullest extent the Administration
deems practicable, it shall make a fair charge
for the use of Government-owned property and
make and let contracts on a basis that will re-
sult in a recovery of the direct costs incurred by
the Administration.
(Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.)
Editorial Notes
PRIOR PROVISIONS
Prior similar provisions were contained in section 220
of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which
was previously classified to section 649 of this title. The
provisions of section 214 of act July 30, 1953, formerly
classified to this section, were transferred to section
2[15] of Pub. L. 85–536, and are classified to section 644
of this title. See Codification note set out under section
631 of this title.
§ 644. Awards or contracts
(a) Small business procurements
(1) In general
For purposes of this chapter, small business
concerns shall receive any award or contract if
such award or contract is, in the determina-
tion of the Administrator and the contracting
agency, in the interest of—
(A) maintaining or mobilizing the full pro-
ductive capacity of the United States;
(B) war or national defense programs; or
(C) assuring that a
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 644
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Federal law — U.S. Code and appendices · legal_authorities
Page 63
TITLE 41—PUBLIC CONTRACTS
§ 1908
Subsecs. (b) to (d). Pub. L. 115–232, § 836(b)(6)(A), sub-
stituted ‘‘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 in-
tended 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 Amend-
ment; Savings Provision note under section 453b of
Title 6, Domestic Security.
§ 1907. List of laws inapplicable to procurements
of commercially available off-the-shelf items
(a) INCLUSION IN FEDERAL ACQUISITION REGULA-
TION.—
(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 in-
cluded on the list pursuant to paragraph (2)
does not apply to contracts for the procure-
ment 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 commer-
cially 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 re-
quired by paragraph (1) unless the Adminis-
trator makes a written determination that it
would not be in th
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1907
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