41 U.S.C. § 1903 (PUBLIC CONTRACTS)
§ 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 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; 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.)
heading: Amendment of Subsection (c)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(5), (h), Aug. 13, 2018, 132 Stat. 1861, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (c) of this section is amended as follows:
(1) in the heading, by striking “Commercial Item” and inserting “Commercial Product or Commercial Service”;
(2) in paragraph (1), by striking “as a commercial item” and inserting “as a commercial product or a commercial service”; and
(3) in paragraph (2), by striking “for an item or service treated as a commercial item” and inserting “for a product or service treated as a commercial product or a commercial service”.
See 2018 Amendment notes below.
text: 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).
heading: References in Text
text: The Foreign Assistance Act of 1961, referred to in subsec. (a)(3), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 9 of part I of the Act is classified generally to part IX [§ 2292 et seq.] of subchapter I of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–232, § 836(b)(5)(A), substituted “Commercial Product or Commercial Service” for “Commercial Item” in heading.
Subsec. (c)(1). Pub. L. 115–232, § 836(b)(5)(B), substituted “as a commercial product or a commercial service” for “as a commercial item”.
Subsec. (c)(2). Pub. L. 115–232, § 836(b)(5)(C), substituted “for a product or service treated as a commercial product or a commercial service” for “for an item or service treated as a commercial item” in introductory provisions.
2016—Subsec. (a)(2). Pub. L. 114–328, § 1641, inserted “cyber,” before “nuclear,”.
Subsec. (a)(3), (4). Pub. L. 114–328, § 816, added pars. (3) and (4).
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”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.