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41 U.S.C. § 1301 — Definition

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1301 — Definition

In this subchapter, the term “Council” means the Federal Acquisition Regulatory Council established under [section 1302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302/a&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_baaf0fb0e8556a12b99a7f8b
Source file: Laws/federal/codes/united-states-code/title-41/section-1301-in-this-subchapter-the-term-council-means-the-federal-acquisition-regula--142a231a2e.md
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Source location: Title 41, Chapter 13, § 1301; chapter-013-chapter-13.md

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In this subchapter, the term “Council” means the Federal Acquisition Regulatory Council established under [section 1302(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1905 — List of laws inapplicable to contracts or subcontracts not greater than simplified acquisition threshold

**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim). **(b) Inclusion in Federal Acquisition Regulation.—** (1) **In general.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts or subcontracts in amounts not greater than the simplified acquisition threshold that are made by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts and subcontracts in amounts not greater than the simplified acquisition threshold. (2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (c) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of laws required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts or subcontracts in amounts not greater than the simplified acquisition threshold from the applicability of the provision. **(c) Covered Law.—** A provision of law referred to in subsection (b)(2) is a provision of law that the Council determines sets forth policies, procedures, requirements, or restrictions for the procurement of property or services by the Federal Government, except for a provision of law that— (1) provides for criminal or civil penalties; or (2) specifically refers to this section and provides that, notwith

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1906 — List of laws inapplicable to procurements of commercial products and commercial services

**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim). **(b) Contracts.—** (1) **Inclusion in federal acquisition regulation.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercial products or commercial services. A provision of law properly included on the list pursuant to paragraph (2) does not apply to purchases of commercial products or commercial services by an executive agency. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercial products or commercial services. (2) **Laws enacted after october 13, 1994.—** — A provision of law described in subsection (d) that is enacted after October 13, 1994, shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Council makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercial products or commercial services from the applicability of the provision. **(c) Subcontracts.—** (1) **Definition.—** — In this subsection, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor. The term does not include agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with the Federal Government and other parties and are not identifiable to any particular contract. (2) **In

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511&num=0&edition=prelim) 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, 20

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1301 — Definition

Page 22 TITLE 41—PUBLIC CONTRACTS § 1301 (b) BUDGET RESOURCES AND AUTHORITY.— (1) IN GENERAL.—The Administrator shall recommend to the Administrator of General Services sufficient budget resources and au- thority for the Federal Acquisition Institute to support Government-wide training stand- ards and certification requirements necessary to enhance the mobility and career opportuni- ties of the Federal acquisition workforce. (2) ACQUISITION WORKFORCE TRAINING FUND.— Subject to the availability of funds, the Ad- ministrator of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce train- ing fund established under section 1703(i) of this title sufficient to meet the annual budget for the Federal Acquisition Institute re- quested by the Administrator under paragraph (1). (c) FEDERAL ACQUISITION INSTITUTE BOARD OF DIRECTORS.— (1) REPORTING TO ADMINISTRATOR.—The Fed- eral Acquisition Institute shall report through its Board of Directors directly to the Adminis- trator. (2) COMPOSITION.—The Board shall be com- posed of not more than 8 individuals from the Federal Government representing a mix of ac- quisition functional areas, all of whom shall be appointed by the Administrator. (3) DUTIES.—The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute— (A) meets its statutory requirements; (B) meets the needs of the Federal acquisi- tion workforce; (C) implements appropriate programs; (D) coordinates with appropriate organiza- tions and groups that have an impact on the Federal acquisition workforce; (E) develops and implements plans to meet future challenges of the Federal acquisition workforce; and (F) works closely with the Defense Acqui- sitio

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