§ 1903. Special emergency procurement authority(a) Applicability.—The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used—(1) in support of a contingency operation (as defined in section 101(a) of title 10); or (2) to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States. (b) Increased Thresholds and Limitation.—For a procurement to which this section applies under subsection (a)—(1) the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be—(A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; (2) the term “simplified acquisition threshold” means—(A) $250,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,000,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 2304(g)(1)(B) of title 10 is deemed to be $10,000,000. (c) Authority To Treat Property or Service as Commercial Item.—(1) In general.—The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection (a)(2) may treat the property or service as a commercial item for the purpose of carrying out the procurement. (2) Certain contracts not exempt from standards or requirements.—A contract in an amount of more than $15,000,000 that is awarded on a sole source basis for an item or service treated as a commercial item under paragraph (1) is not exempt from—(A) cost accounting standards prescribed under section 1502 of this title; or (B) cost or pricing data requirements (commonly referred to as truth in negotiating) under chapter 35 of this title and section 2306a of title 10. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3721.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1903(a)

41:428a(a), (e).

Pub. L. 93–400, § 32A, as added Pub. L. 108–136, title XIV, § 1443(a)(1), Nov. 24, 2003, 117 Stat. 1675; Pub. L. 108–375, title VIII, § 822, Oct. 28, 2004, 118 Stat. 2016.

1903(b)

41:428a(b), (c).

1903(c)

41:428a(d).