§ 1903. Special emergency procurement authority

• (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 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)
  • (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 section 2306a of title 10 .