§ 1903 Special emergency procurement authority · 113-21

§ 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.

Source

(Pub. L. 111–350, § 3,

Jan. 4, 2011

, 124 Stat. 3721.)

Notes

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).

§ 1903. Special emergency procurement authority