(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
(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
(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
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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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