H. R. 1107—49 
provisions of law required by paragraph (1) unless the Adminis-
trator makes a written determination that it would not be 
in the best interest of the Federal Government to exempt 
contracts for the procurement of commercially available off- 
the-shelf items from the applicability of the provision. 
(3) OTHER AUTHORITIES OR RESPONSIBILITIES NOT AFFECTED.— 
This section does not modify, supersede, 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— 
(i) subchapter V of chapter 35 of title 31; 
(ii) section 2305(e) and (f) of title 10; or 
(iii) sections 3706 and 3707 of this title. 
(b) COVERED LAW.—Except as provided in subsection (a)(3), a 
provision of law referred to in subsection (a)(1) is a provision of 
law that the Administrator determines imposes Federal Govern-
ment-unique policies, procedures, requirements, or restrictions for 
the procurement of property or services on persons whom the Fed-
eral Government has awarded contracts for the procurement of 
commercially available off-the-shelf items, except for a provision 
of law that— 
(1) provides for criminal or civil penalties; or 
(2) specifically refers to this section and provides that, not-
withstanding this section, it shall be applicable to contracts 
for the procurement of commercially available off-the-shelf 
items. 
§ 1908. Inflation adjustment of acquisition-related dollar 
thresholds 
(a) DEFINITION.—In this section, the term ‘‘Council’’ has the 
meaning given that term in section 1301 of this title. 
(b) APPLICATION.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
requirement for adjustment under subsection (c) applies to 
a dollar threshold that is specified in law as a factor in defining 
the scope of the applicability of a policy, procedure, requirement, 
or restriction provided in that law to the procurement of prop-
erty or services by an executive agency, as the Council deter-
mines. 
(2) EXCEPTIONS.—Subsection (c) does not apply to dollar 
thresholds— 
(A) in chapter 67 of this title; 
(B) in sections 3141 to 3144, 3146, and 3147 of title 
40; or 
(C) the United States Trade Representative establishes 
pursuant to title III of the Trade Agreements Act of 1979 
(19 U.S.C. 2511 et seq.). 
(3) RELATIONSHIP TO OTHER INFLATION ADJUSTMENT AUTHORI-
TIES.—This section supersedes the applicability of other provi-
sions of law that provide for the adjustment of a dollar threshold 
that is adjustable under this section. 
(c) REQUIREMENT FOR PERIODIC ADJUSTMENT.— 
(1) BASELINE
CONSTANT
DOLLAR
VALUE.—For purposes of 
paragraph (2), the baseline constant dollar value for a dollar 
threshold—
H. R. 1107—50 
(A) in effect on October 1, 2000, that was first specified 
in a law that took effect on or before October 1, 2000, 
is the October 1, 2000, constant dollar value of that dollar 
threshold; and 
(B) specified in a law that takes effect after October 
1, 2000, is the constant dollar value of that threshold 
as of the effective date of that dollar threshold pursuant 
to that law. 
(2) ADJUSTMENT.—On October 1 of each year evenly divisible 
by 5, the Council shall adjust each acquisition-related dollar 
threshold provided by law, as described in subsection (b)(1), 
to the baseline constant dollar value of that threshold. 
(3) EXCLUSIVE MEANS OF ADJUSTMENT.—A dollar threshold 
adjustable under this section shall be adjusted only as provided 
in this section. 
(d) PUBLICATION.—The Council shall publish a notice of the 
adjusted dollar thresholds under this section in the Federal Reg-
ister. The thresholds take effect on the date of publication. 
(e) CALCULATION.—An adjustment under this section shall be— 
(1) calculated on the basis of changes in the Consumer Price 
Index for all-urban consumers published monthly by the Sec-
retary of Labor; and 
(2) rounded, in the case of a dollar threshold that on the 
day before the adjustment is— 
(A) less than $10,000, to the nearest $500; 
(B) not less than $10,000, but less than $100,000, to 
the nearest $5,000; 
(C) not less than $100,000, but less than $1,000,000, 
to the nearest $50,000; and 
(D) $1,000,000 or more, to the nearest $500,000. 
(f) PETITION FOR INCLUSION OF OMITTED THRESHOLD.— 
(1) PETITION SUBMITTED TO ADMINISTRATOR.—A person may 
request adjustment of a dollar threshold adjustable under this 
section that is not included in a notice of adjustment published 
under subsection (d) by submitting a petition for adjustment 
to the Administrator. 
(2) ACTIONS
OF
ADMINISTRATOR.—On receipt of a petition 
for adjustment of a dollar threshold under paragraph (1), the 
Administrator— 
(A) shall determine, in writing, whether the dollar 
threshold is required to be adjusted under this section; 
and 
(B) on determining that it should be adjusted, shall pub-
lish in the Federal Register a revised notice of the adjust-
ment dollar thresholds under this section that includes 
the adjustment of the dollar threshold covered by the peti-
tion. 
(3) EFFECTIVE
DATE
OF
ADJUSTMENT
BY
PETITION.—The 
adjustment of a dollar threshold pursuant to a petition under 
this subsection takes effect on the date the revised notice adding 
the adjustment under paragraph (2)(B) is published. 
CHAPTER 21—RESTRICTIONS ON OBTAINING AND 
DISCLOSING CERTAIN INFORMATION 
Sec. 
2101.
Definitions. 
2102.
Prohibitions on disclosing and obtaining procurement information.