[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR13.005]



[Page 209-210]

 

            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. 3131 (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.).



[[Page 210]]



    (3) 40 U.S.C. 3701 et seq. (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).

    (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; 70 FR 57454, Sept. 30, 2005]