PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 655 inapplicable to such contracts any provision of law that is not included on such list. "(3) A provision of law described in subsection (b) shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Administrator for Federal Procurement Policy makes a written determination that it would not be in the best interest of the United States to exempt such contracts from the applicability of that provision of law. Nothing in this section shall be construed as modifying or superseding, or as being intended to impair or restrict authorities or responsibilities under— "(A) section 15 of the Small Business Act (15 U.S.C. 644); or "(B) bid protest procedures developed under the authority of subchapter V of chapter 35 of title 31, United States Code; subsections (e) and (f) of section 2305 of title 10, United States Code; or subsections (h) and (i) of section 303B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b). "(b) COVERED LAW.— Except as provided in subsection (a)(3), the list referred to in subsection (a)(1) shall include each provision of law that, as determined by the Administrator, imposes on persons who have been awarded contracts by the Federal Government for the procurement of commercially available off-the-shelf items Government-unique policies, procedures, requirements, or restrictions for the procurement of property or services, except the following: "(1) A provision of law that provides for criminal or civil penalties. "(2) A provision of law that specifically refers to this section and provides that, notwithstanding this section, such provision of law shall be applicable to contracts for the procurement of commercial off-the-shelf items. "(c) DEFINITION. —(1) As used in this section, the term 'commercially available off-the-shelf item' means, except as provided in paragraph (2), an item that— "(A) is a commercial item (as described in section 4(12)(A)); "(B) is sold in substantial quantities in the commercial marketplace; and "(C) is offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace. "(2) The term 'commercially available off-the-shelf item' does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.". (b) CLERICAL AMENDMENT. —The table of contents in section Kb) of such Act is amended by inserting after the item relating to section 34 the following: "Sec. 35. Commercially available off-the-shelf item acquisitions: lists of inapplicable laws in Federal Acqmsition Regulation.". SEC. 4204. AMENDMENT OF COMMERCIAL ITEMS DEFINITION. Section 4(12)(F) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)(F)) is amended by inserting "or market" after "catalog".
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