Page:United States Statutes at Large Volume 108 Part 4.djvu/705

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3339 Business Opportunity Development Reform Act of 1988 (Public Law 100-656; 15 U.S.C. 644 note), or section 7102 of the Federal Acquisition Streandining Act of 1994.". Subtitle B—Inapplicability of Laws to Acquisitions at or Below the Simplified Acquisition Threshold SEC. 4101. UST OF INAPPUCABLE LAWS IN FEDERAL ACQUISITION REGULATION. The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.) is amended by adding at the end the following new section: "SEC. 33. UST OF LAWS INAPPUCABLE TO CONTRACTS NOT GREATER 41 USC 429. THAN THE SIMPLIFIED ACQUISITION THRESHOLD IN FEDERAL ACQUISITION REGULATION. "(a) LIST OF INAPPLICABLE PROVISIONS OF LAW. —(1) 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 that is properly included on the Ust pursuant to paragraph (2) may not be construed as applicable to such contracts or subcontracts (as the case may be) by an executive agency. Nothing in this section shall be construed to render inapplicable to contracts and subcontracts in amounts not greater than the simplified acquisition threshold any provision of law tiiat is not included on such hst. "(2) A provision of law described in subsection (b) that is enacted after the date of the enactment of the Federal Acquisition Stream- Uning Act of 1994 shall be included on the Ust of inapplicable provisions of law required by paragraph (1), unless the Federal Acquisition Regulatory 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. "(b) COVERED LAW. —^A provision of law referred to in subsection (a)(2) is any provision of law that, as determined by the Federal Acquisition Regulatory Council, 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. "(c) PETITION. —In the event that a provision of law described in subsection (b) is not included on the list of inappHcable provisions of law as required by subsection (a), and no written determination has been made by the Federal Acquisition Regulatory Council pursuant to subsection (a)(2), a person may petition the Administrator for Federal Procurement Policy to take appropriate action. The Administrator shall revise the Federal Acquisition Regulation to include the provision on the list of inapplicable provisions of 79-194 O—95 —23: QL 3 Part 4