---
kind: "section"
citation: "41 U.S.C. § 1905"
title: "41"
title_heading: "Public Contracts"
number: "1905"
heading: "List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/1905"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 19 — Simplified Acquisition Procedures"
---

# §1905. List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold

- (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) **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)](#b-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)](#c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws required by [paragraph (1)](#b-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)](#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)](#c) is not included on the list of inapplicable provisions of law as required by [subsection (b)](#b) and the Council has not made a written determination pursuant to [subsection (b)(2)](#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)](#b-2) within 60 days after the petition is received.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3722.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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. |