Title 41, Public ContractsRelease 119-110

§1908 Inflation Adjustment of Acquisition-related Dollar Thresholds

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 19 — SIMPLIFIED ACQUISITION PROCEDURES › § 1908

Last updated Sep 22, 2026|Official source

Summary

Requires the Council (the body named in section 1301 of this title) to update certain dollar thresholds used in federal buying rules every five years. On October 1 of each year divisible by 5, the Council must adjust each acquisition-related dollar threshold set by law back to its baseline constant dollar value. For thresholds that existed on October 1, 2000, the baseline is that date’s constant dollar value. For thresholds created after October 1, 2000, the baseline is the constant dollar value on the threshold’s effective date. This rule does not apply to thresholds in chapters 67 and 83 of this title; certain sections of title 40 (sections 3141–3144, 3146, 3147, and 3131–3134, with any regulatory changes in effect when the exception was made staying in effect); or thresholds set by the U.S. Trade Representative under title III of the Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.). It replaces other laws that otherwise adjust the same thresholds, and thresholds adjustable here may only be changed under this rule. Adjustments use changes in the Consumer Price Index for all urban consumers published monthly by the Secretary of Labor. After calculating the new amount, each threshold is rounded to set steps: to the nearest $500 if under $10,000; $5,000 if $10,000–$99,999; $50,000 if $100,000–$999,999; $500,000 if $1,000,000–$9,999,999; $5,000,000 if $10,000,000–$99,999,999; $50,000,000 if $100,000,000–$999,999,999; and $500,000,000 if $1,000,000,000 or more. The Council must publish the adjusted thresholds in the Federal Register; they take effect on the publication date and apply to any contract and any subcontract under it that is in effect that day, no matter when it was awarded. If a threshold that should have been adjusted was left out, anyone can petition the Administrator to add it; the Administrator must decide in writing and, if included, publish a revised notice, with the addition effective on that publication date.

Full Legal Text

Title 41, §1908

Public Contracts, Source: USLM XML via OLRC

(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 property or services by an executive agency, as the Council determines.
(2)Exceptions.—
Subsection (c) does not apply to dollar thresholds—
(A)in chapters 67 and 83 of this title;
(B)in sections 3141 to 3144, 3146, and 3147 of title 40;
(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.); or
(D)in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.
(3)Relationship to other inflation adjustment authorities.—
This section supersedes the applicability of other provisions 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—
(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 Register. The thresholds take effect on the date of publication and shall apply, in the case of the procurement of property or services by contract, to a contract, and any subcontract at any tier under the contract, in effect on that date without regard to the date of award of the contract or subcontract.
(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 Secretary of Labor; and
(2)rounded, in the case of a dollar threshold that as calculated under paragraph (1) 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;
(D)not less than $1,000,000, but less than $10,000,000, to the nearest $500,000;
(E)not less than $10,000,000, but less than $100,000,000, to the nearest $5,000,000;
(F)not less than $100,000,000, but less than $1,000,000,000, to the nearest $50,000,000; and
(G)$1,000,000,000 or more, to the nearest $500,000,000.
(f)Petition for Inclusion of Omitted Threshold.—
(1)Petition submitted to administrator.— (2) Actions of administrator.— (3) Effective date of adjustment by petition.—
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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1908(a)no source. 1908(b)(1)41:431a(c).Pub. L. 93–400, § 35A, as added Pub. L. 108–375, title VIII, § 807(a)(1), Oct. 28, 2004, 118 Stat. 2010. 1908(b)(2)41:431a(d). 1908(b)(3)41:431a note.Pub. L. 108–375, title VIII, § 807(c)(1), Oct. 28, 2004, 118 Stat. 2011. 1908(c)(1), (2)41:431a(a). 1908(c)(3)41:431a note.Pub. L. 108–375, title VIII, § 807(c)(2), Oct. 28, 2004, 118 Stat. 2011. 1908(d)41:431a(b). 1908(e)41:431a(e). 1908(f)41:431a(f). In subsection (c)(3), the words “After the date of the enactment of this Act” are omitted as obsolete. In subsection (e)(1), the words “Secretary of Labor” are substituted for “Department of Labor” because of 29:551.

Editorial Notes

References in Text

The Trade Agreements Act of 1979, referred to in subsec. (b)(2)(C), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. Title III of the Act is classified generally to subchapter I (§ 2511 et seq.) of chapter 13 of Title 19, Customs Duties. For complete classification of this Act to the Code, see

References in Text

note set out under section 2501 of Title 19 and Tables. The date of the enactment of this subparagraph, referred to in subsec. (b)(2)(D), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.

Amendments

2021—Subsec. (b)(2)(A). Pub. L. 117–58 substituted “chapters 67 and 83” for “chapter 67”. Subsec. (b)(2)(D). Pub. L. 117–81, § 861(a), added subpar. (D). Subsec. (d). Pub. L. 117–81, § 861(b), struck out second period at end. 2017—Subsec. (d). Pub. L. 115–91 inserted before period at end “and shall apply, in the case of the procurement of property or services by contract, to a contract, and any subcontract at any tier under the contract, in effect on that date without regard to the date of award of the contract or subcontract.” 2015—Subsec. (e)(2). Pub. L. 114–92, § 817(1), substituted “as calculated under paragraph (1)” for “on the day before the adjustment” in introductory provisions. Subsec. (e)(2)(D) to (G). Pub. L. 114–92, § 817(2), (3), added subpars. (D) to (G) and struck out former subpar. (D) which read as follows: “$1,000,000 or more, to the nearest $500,000.”

Statutory Notes and Related Subsidiaries

Adjustment for Inflation of Right-Hand Drive Passenger Sedans Pub. L. 112–81, div. A, title VIII, § 814(b), Dec. 31, 2011, 125 Stat. 1491, provided that: “The Department of Defense representative to the Federal Acquisition Regulatory Council established under section 1302 of title 41, United States Code, shall ensure that the threshold established in section 2253 of title 10, United States Code, for the acquisition of right-hand drive passenger sedans is included on the list of dollar thresholds that are subject to adjustment for inflation in accordance with the requirements of section 1908 of title 41, United States Code, and is adjusted pursuant to such provision, as appropriate.”

Reference

Citations & Metadata

Citation

41 U.S.C. § 1908

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110