(a) The following laws are not applicable to Executive agency contracts for the acquisition of commercial items:
(1) 41 U.S.C. 43, Walsh-Healey Act (see Subpart 22.6).
(2) 41 U.S.C. 254(a) and 10 U.S.C. 2306(b), Contingent Fees (see 3.404).
(3) 41 U.S.C. 416(a)(6), Minimum Response Time for Offers under Office of Federal Procurement Policy Act (see 5.203).
(4) 41 U.S.C. 701, et seq., Drug-Free Workplace Act of 1988 (see 23.501).
(5) 31 U.S.C. 1354(a), Limitation on use of appropriated funds for contracts with entities not meeting veterans’ employment reporting requirements (see 22.1302).
(6) Reserved.
(7) Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, Payment Protections for Subcontractors and Suppliers (see 28.106-6).
(8) 41 U.S.C. 254d(c)(1) and 10 U.S.C. 2313(c)(1), GAO Access to Contractor Employees, Section 871 of Pub. L. 110-417 (see 52.214-26 and 52.215-2).
(b) Certain requirements of the following laws are not applicable to executive agency contracts for the acquisition of commercial items:
(1) 40 U.S.C. 3701 et seq., Requirement for a certificate and clause under the Contract Work Hours and Safety Standards Act (see 22.305).
(2) 41 U.S.C. 57(a) and (b), and 58, Requirement for a clause and certain other requirements related to the Anti-Kickback Act of 1986 (see 3.502).
(3) 49 U.S.C. 40118, Requirement for a clause under the Fly American provisions (see 47.405).
(c) The applicability of the following laws have been modified in regards to Executive agency contracts for the acquisition of commercial items:
(1) 41 U.S.C. 253g and 10 U.S.C. 2402, Prohibition on Limiting Subcontractor Direct Sales to the United States (see 3.503).
(2) 41 U.S.C. 254(d) and 10 U.S.C. 2306a, Truth in Negotiations Act (see 15.403).
(3) 41 U.S.C. 422, Cost Accounting Standards (48 CFR chapter 99) (see 12.214).
