Page:United States Statutes at Large Volume 124.djvu/3751

124 STAT. 3725 PUBLIC LAW 111–350—JAN. 4, 2011 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—