41 U.S.C. § 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 );

(2)

to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;

(3)

in support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance pursuant to chapter 9 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 et seq.); or

(4)

in support of an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 )).

(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 3205(a)(2) of title 10 is deemed to be $10,000,000.

(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 product or a commercial service 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 a product or service treated as a commercial product or a commercial service 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 chapter 271 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 ; Pub. L. 114–328, div. A, title VIII, § 816 , title XVI, § 1641, Dec. 23, 2016 , 130 Stat. 2272 , 2600; Pub. L. 115–232, div. A, title VIII, § 836(b)(5) , Aug. 13, 2018 , 132 Stat. 1861 ; Pub. L. 117–81, div. A, title XVII, § 1702(h)(7) , Dec. 27, 2021 , 135 Stat. 2158 .)