United States Code
USC most recently checked for updates: Mar 21, 2023
Special emergency procurement authority
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—
in support of a contingency operation (as defined in section 101(a) of title 10);
to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;
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
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)).
For a procurement to which this section applies under subsection (a)—
the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be—
$15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
$25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States;
the term “simplified acquisition threshold” means—
$750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and
$1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and
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.
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.
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—
cost accounting standards prescribed under section 1502 of this title; or
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.)
cite as: 41 USC 1903