41 U.S. Code § 1903 - Special emergency procurement authority

§ 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)
$750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
(B)
$1,500,000 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; Pub. L. 114–92, div. A, title VIII, § 816, Nov. 25, 2015, 129 Stat. 897.)

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).

Amendments

2015—Subsec. (b)(2)(A). Pub. L. 114–92, § 816(1), substituted “$750,000” for “$250,000”.

Subsec. (b)(2)(B). Pub. L. 114–92, § 816(2), substituted “$1,500,000” for “$1,000,000”.

 

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