§1903 — Title 41 Public Contracts | U.S. Code

Summary

Allows the head of a federal agency to use special emergency buying rules when the purchase will be used for one of four things: to support a contingency operation (a military operation), to help defend against or recover from a cyber, nuclear, biological, chemical, or radiological attack on the United States, to support international disaster aid at the request of the Secretary of State or USAID, or to support an emergency or major disaster under the Stafford Act. Under those rules, several dollar limits change. Amounts in section 1902 count as $15,000 for contracts or purchases inside the United States and $25,000 for those outside. The simplified acquisition threshold is $750,000 inside and $1,500,000 outside. A $5,000,000 limit in certain sections is treated as $10,000,000. For items used to defend against the listed attacks, an agency head may treat them as commercial products or services, but any sole‑source contract over $15,000,000 still must follow cost accounting standards and cost/pricing data rules.

Title 41, §1903

Public Contracts — Source: USLM XML via OLRC

(a)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)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 section 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.

(c)(1)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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).

Editorial Notes

References in 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.

Amendments

2021—Subsec. (b)(3). Pub. L. 117–81, § 1702(h)(7)(A), substituted “section 3205(a)(2)” for “section 2304(g)(1)(B)”. Subsec. (c)(2)(B). Pub. L. 117–81, § 1701(h)(7)(B), substituted “chapter 271” for “section 2306a”. 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment 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.

§1903 Special Emergency Procurement Authority

Summary

Title 41, §1903

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Effective Date

Savings Provision

Citations & Metadata