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§ 2679d. Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances

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Release point 119-83 · current through 04/13/2026

§ 2679d.

Exemption from certain procurement protest procedures for noncompetitive contracting in emergency circumstances

A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41 in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, including physical security upgrades, protective equipment, and other immediate threat mitigation projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or section 1491 of title 28.

Source(Pub. L. 114–323, title I, § 115,
Dec. 16, 2016
, 130 Stat. 1911.)
Notes

Statutory Notes and Related Subsidiaries

Definitions

For definitions of “Department” and “Secretary” as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title.

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