Page:United States Statutes at Large Volume 124.djvu/3750

 124 STAT. 3724 PUBLIC LAW 111–350—JAN. 4, 2011 (c) SUBCONTRACTS.— (1) DEFINITION.—In this subsection, the term ‘‘subcontract’’ includes a transfer of commercial items between divisions, subsidiaries, or affiliates of a contractor or subcontractor. (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 items. A provision of law properly included on the list pursuant to para- graph (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 procure- ment of commercial items. (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 items 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 items 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, not- withstanding this section, it shall be applicable to contracts for the procurement of commercial items. (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 sub- section (b)(2) or (c)(3) within 60 days after the petition is received. § 1907. List of laws inapplicable to procurements of commer- cially 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) 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 procure- ment 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