§425 — Title 6 Domestic Security | U.S. Code

§425 Application of certain commercial items authorities to certain procurements

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VIII— - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part Part F— - Federal Emergency Procurement Flexibility › § 425

Last updated Apr 6, 2026|Official source

Summary

Agency heads may use certain procurement authorities for buys tied to section 422, even if the goods or services are not commercial: 41 U.S.C. 1901 and 1906; 10 U.S.C. 3205; and 41 U.S.C. 3305. The $5,000,000 limits in those laws (41 U.S.C. 1901(a)(2); 10 U.S.C. 3205(a)(2); 41 U.S.C. 3305(a)(2)) do not apply in these cases. The Director of the Office of Management and Budget must issue guidance for using simplified acquisition on purchases over $5,000,000. Any authority that would expire under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 10 U.S.C. 2304 note) still continues to apply to agency heads as described above.

Title 6, §425

Domestic Security — Source: USLM XML via OLRC

(a)(1)The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in section 422 of this title without regard to whether the property or services are commercial items.

(2)The provisions of law referred to in paragraph (1) are as follows:

(A)section 1901 and 1906 of title 41.

(B)Section 3205 of title 10.

(C)Section 3305 of title 41.

(b)(1)The $5,000,000 limitation provided in section 1901(a)(2) of title 41, section 3205(a)(2) of title 10, and section 3305(a)(2) of title 41 shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section.

(2)The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.

(c)Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (c), is section 4202(e) of Pub. L. 104–106, which is set out as a note under section 2304 of Title 10, Armed Forces.

Amendments

2021—Subsec. (a)(2). Pub. L. 117–81, § 1702(c)(3)(A), added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows: “(A) section 1901 and 1906 of title 41. “(B) section 2304(g) of title 10. “(C) Section 3305 of title 41.” Subsec. (b)(1). Pub. L. 117–81, § 1702(c)(3)(B), substituted “provided in section 1901(a)(2) of title 41, section 3205(a)(2) of title 10, and section 3305(a)(2) of title 41 shall not” for “provided in section 1901(a)(2) of title 41, section 2304(g)(1)(B) of title 10, and section 3305(a)(2) of title 41 shall not”.