---
kind: "section"
citation: "41 U.S.C. § 1907"
title: "41"
title_heading: "Public Contracts"
number: "1907"
heading: "List of laws inapplicable to procurements of commercially available off-the-shelf items"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/1907"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 19 — Simplified Acquisition Procedures"
---

# §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)](#a-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)](#b) shall be included on the list of inapplicable provisions of law required by [paragraph (1)](#a-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](/usc/15/644.md)); or
    - (B) bid [protest](/usc/41/2101.md?p=6) procedures developed under the authority of—
      - (i) subchapter V of [chapter 35](/usc/31/chstIII/ch35.md) of title 31;
      - (ii) [section 3308 of title 10](/usc/10/3308.md); or
      - (iii) sections [3706](/usc/41/3706.md) and [3707](/usc/41/3707.md) of this title.
- (b) **Covered Law.—** Except as provided in [subsection (a)(3)](#a-3), a provision of law referred to in [subsection (a)(1)](#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.

## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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). Pub. L. 117–81 substituted “section 3308” for “section 2305(e) and (f)”.