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Title 6 — Domestic SecurityRelease 119-73

§794 Limitation on length of certain noncompetitive contracts

Title 6 › Chapter CHAPTER 2— - NATIONAL EMERGENCY MANAGEMENT › Subchapter SUBCHAPTER II— - COMPREHENSIVE PREPAREDNESS SYSTEM › Part Part D— - Prevention of Fraud, Waste, and Abuse › § 794

Last updated Apr 6, 2026|Official source

Summary

The Secretary must make rules that limit how long certain no‑bid contracts can run. The rules must keep each contract only as long as needed to meet urgent needs and to let the work be put out for competitive bidding later. Contracts cannot last more than 150 days unless the Secretary finds exceptional circumstances. This rule covers Department contracts larger than the simplified acquisition threshold that are used to help respond to or recover from natural disasters, acts of terrorism, or other man‑made disasters.

Full Legal Text

Title 6, §794

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary shall promulgate regulations applicable to contracts described in subsection (c) to restrict the contract period of any such contract entered into using procedures other than competitive procedures pursuant to the exception provided in paragraph (2) of section 3304(a) of title 41 to the minimum contract period necessary—
(1)to meet the urgent and compelling requirements of the work to be performed under the contract; and
(2)to enter into another contract for the required goods or services through the use of competitive procedures.
(b)The regulations promulgated under subsection (a) shall require the contract period to not to exceed 11 So in original. Probably should be “period not to exceed”. 150 days, unless the Secretary determines that exceptional circumstances apply.
(c)This section applies to any contract in an amount greater than the simplified acquisition threshold (as defined by section 134 of title 41) entered into by the Department to facilitate response to or recovery from a natural disaster, act of terrorism, or other man-made disaster.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a), “paragraph (2) of section 3304(a) of title 41” substituted for “paragraph (2) of section 303(c) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c), “section 134 of title 41” substituted for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Reference

Citations & Metadata

Citation

6 U.S.C. § 794

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73