6 U.S.C. § 794: Limitation on length of…

Summary

The Secretary must write rules that limit how long certain noncompetitive emergency contracts can last. The rules must make the contract time as short as needed to do the urgent work and to let the agency later get the same goods or services through a normal competitive contract. The rules must cap those contracts at 150 days unless there are exceptional circumstances. The rule applies to Department contracts above the simplified acquisition threshold (the federal dollar limit for small purchases) used to respond to or recover from natural disasters, terrorism, or other man-made disasters.

Title 6, §794

Domestic Security, Source: USLM XML via OLRC

(a)Regulations

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)Specific contract period

The regulations promulgated under subsection (a) shall require the contract period to not to exceed 150 days, unless the Secretary determines that exceptional circumstances apply.

(c)Covered contracts

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.

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.

§794 Limitation on Length of Certain Noncompetitive Contracts

Summary

Title 6, §794

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata