U.S. CODE

U.S. Code

§ 428a. Special emergency procurement authority

(a) Applicability

The authorities provided in this section apply with respect to any procurement of property or services by or for an executive agency that, as determined by the head of such executive agency, are to be used—

(1) in support of a contingency operation; or

(2) to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States.

(b) Increased thresholds

For a procurement to which this section applies under subsection (a) of this section—

(1) the amount specified in subsections (c), (d), and (f) of section 428 of this title shall be deemed to be—

(A) $15,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and

(B) $25,000 in the case of any contract to be awarded and performed, or purchase to be made, outside the United States; and

(2) the term “simplified acquisition threshold” means—

(A) $250,000 in the case of any contract to be awarded and performed, or purchase to be made, inside the United States; and

(B) $1,000,000 in the case of any contract to be awarded and performed, or purchase to be made, outside the United States.

For a procurement to which this section applies under subsection (a) of this section, the $5,000,000 limitation in the following provisions of law shall be deemed to be $10,000,000:

(1) Section 427 (a)(2) of this title.

(2) Section 2304 (g)(1)(B) of title 10.

(3) Section 253 (g)(1)(B) of this title.

(d) Commercial items authority

(1) The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection (a)(2) of this section may treat such property or service as a commercial item for the purpose of carrying out such procurement.

(2) A contract in an amount greater 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) shall not be exempt from—

(A) cost accounting standards promulgated pursuant to section 422 of this title; or

(B) cost or pricing data requirements (commonly referred to as truth in negotiating) under section 2306a of title 10 and section 254b of this title.

(e) Contingency operation defined

In this section, the term “contingency operation” has the meaning given such term in section 101 (a)(13) of title 10.

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