[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR13.005]

[Page 199-200]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 13_SIMPLIFIED ACQUISITION PROCEDURES--Table of Contents
 
Sec.  13.005  Federal Acquisition Streamlining Act of 1994 list of 
inapplicable laws.

    (a) The following laws are inapplicable to all contracts and 
subcontracts (if otherwise applicable to subcontracts) at or below the 
simplified acquisition threshold:
    (1) 41 U.S.C. 57 (a) and (b) (Anti-Kickback Act of 1986). (Only the 
requirement for the incorporation of the contractor procedures for the 
prevention and detection of violations, and the contractual requirement 
for contractor cooperation in investigations are inapplicable.).
    (2) 40 U.S.C. 270a (Miller Act). (Although the Miller Act does not 
apply to contracts at or below the simplified acquisition threshold, 
alternative forms of payment protection for suppliers of labor and 
material (see 28.102) are still required if the contract exceeds 
$25,000.).
    (3) 40 U.S.C. 327--333 (Contract Work Hours and Safety Standards 
Act--Overtime Compensation).
    (4) 41 U.S.C. 701(a)(1) (Section 5152 of the Drug-Free Workplace Act 
of 1988), except for individuals.
    (5) 42 U.S.C. 6962 (Solid Waste Disposal Act). (The requirement to 
provide an estimate of recovered material utilized in contract 
performance does not apply unless the contract value exceeds $100,000.)
    (6) 10 U.S.C. 2306(b) and 41 U.S.C. 254(a) (Contract Clause 
Regarding Contingent Fees).
    (7) 10 U.S.C. 2313 and 41 U.S.C. 254(c) (Authority to Examine Books 
and Records of Contractors).

[[Page 200]]

    (8) 10 U.S.C. 2402 and 41 U.S.C. 253g (Prohibition on Limiting 
Subcontractor Direct Sales to the United States).
    (9) 15 U.S.C. 631 note (HUBZone Act of 1997), except for 15 U.S.C. 
657a(b)(2)(B), which is optional for the agencies subject to the 
requirements of the Act.
    (10) 31 U.S.C. 1354(a) (Limitation on use of appropriated funds for 
contracts with entities not meeting veterans employment reporting 
requirements).
    (b) When acquiring commercial items or supplies or services procured 
in accordance with 12.102(f)(1) and (f)(2), the contracting officer may 
use a combined synopsis and solicitation. The FAR Council may make 
exceptions when it determines in writing that it is in the best interest 
of the Government that the enactment should apply to contracts or 
subcontracts not greater than the simplified acquisition threshold.
    (c) The provisions of paragraph (b) of this section do not apply to 
laws that--
    (1) Provide for criminal or civil penalties; or
    (2) Specifically state that notwithstanding the language of Section 
4101, Public Law 103-355, the enactment will be applicable to contracts 
or subcontracts in amounts not greater than the simplified acquisition 
threshold.
    (d) Any individual may petition the Administrator, Office of Federal 
Procurement Policy (OFPP), to include any applicable provision of law 
not included on the list set forth in paragraph (a) of this section 
unless the FAR Council has already determined in writing that the law is 
applicable. The Administrator, OFPP, will include the law on the list in 
paragraph (a) of this section unless the FAR Council makes a 
determination that it is applicable within 60 days of receiving the 
petition.

[62 FR 64917, Dec. 9, 1997, as amended at 63 FR 58593, Oct. 30, 1998; 63 
FR 70267, Dec. 18, 1998; 65 FR 36018, June 6, 2000; 66 FR 53488, Oct. 
22, 2001; 68 FR 4050, Jan. 27, 2003]