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Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “simplified acquisition threshold” means $250,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134
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Source file: Laws/federal/codes/united-states-code/title-41/section-134-simplified-acquisition-threshold--f7f0d5ac55.md
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Source location: Title 41, Chapter 1, § 134; chapter-001-chapter-1.md
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts for Loss or Damage.—** An amount deducted from an amount due a carrier shall be credited as follows: (1) If deducted because of loss of or damage to material in transit for a military department, the amount shall be credited to the proper appropriation, account, or fund from which the same or similar material may be replaced. (2) If deducted as an administrative offset for an overpayment previously made to the carrier under any Department of Defense contract for transportation services or as liquidated damages due under any such contract, the amount shall be credited to the appropriation or account from which payments for the transportation services were made. **(b) Simplified Offset for Collection of Claims Not in Excess of the Simplified Acquisition Threshold.—** (1) In any case in which the total amount of a claim for the recovery of overpayments or liquidated damages under a contract described in subsection (a)(2) does not exceed the simplified acquisition threshold, the Secretary of Defense or the Secretary concerned, in exercising the authority to collect the claim by administrative offset under [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim), may apply paragraphs (2) and (3) of subsection (a) of that section with respect to that collection after (rather than before) the claim is so collected. (2) Regulations prescribed by the Secretary of Defense under subsection (b) of [section 3716 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3716&num=0&edition=prelim)— (A) shall include provisions to carry out paragraph (1); and (B) shall provide the carrier for a claim subject to paragraph (1) with an opportunity to offer an al
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2636
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Federal law — U.S. Code and appendices · legal_authorities
In this part: (1) The term “simplified acquisition threshold” has the meaning provided that term in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim), except that, in the case of any contract to be awarded and performed, or purchase to be made, outside the United States in support of a contingency operation or a humanitarian or peacekeeping operation, the term means an amount equal to two times the amount specified for that term in such section. (2) The term “humanitarian or peacekeeping operation” means a military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations. The term does not include routine training, force rotation, or stationing.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3015
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Simplified Acquisition Threshold.—** For purposes of acquisitions by agencies named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim), the simplified acquisition threshold is as specified in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim). **(b) Inapplicable Laws.—** No law properly listed in the Federal Acquisition Regulation pursuant to [section 1905 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1905&num=0&edition=prelim) shall apply to or with respect to a contract or subcontract that is not greater than the simplified acquisition threshold.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3571
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Certification Requirement.—** A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on behalf of the contractor certifies, at the time the request is submitted, that— (1) the request is made in good faith, and (2) the supporting data are accurate and complete to the best of that person’s knowledge and belief. **(b) Restriction on Legislative Payment of Claims.—** In the case of a contract of an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim), no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85–804 ([50 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1431&num=0&edition=prelim) et seq.) regarding such contract may be implemented unless such provision of law— (1) specifically refers to this subsection; and (2) specifically states that this subsection does not apply with respect to the payment directed by that provision of law. **(c) Treatment of Certain Clauses Implementing Executive Orders.—** The unilateral insertion of a covered clause into an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Cha
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3862
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Data Collection Required.—** The Secretary of Defense shall establish a data collection system to provide management information with regard to each purchase of services by a military department or Defense Agency in excess of $3,000,000, regardless of whether such a purchase is made in the form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement, for services in the following service acquisition portfolio groups: (1) Logistics management services. (2) Equipment related services. (3) Knowledge-based services. (4) Electronics and communications services. **(b) Data To Be Collected.—** The data required to be collected under subsection (a) includes the following: (1) The services purchased. (2) The total dollar amount of the purchase. (3) The form of contracting action used to make the purchase. (4) Whether the purchase was made through— (A) a performance-based contract, performance-based task order, or other performance-based arrangement that contains firm fixed prices for the specific tasks to be performed; (B) any other performance-based contract, performance-based task order, or performance-based arrangement; or (C) any contract, task order, or other arrangement that is not performance based. (5) In the case of a purchase made through an agency other than the Department of Defense, the agency through which the purchase is made. (6) The extent of competition provided in making the purchase and whether there was more than one offer. (7) Whether the purchase was made from— (A) a small business concern; (B) a small business concern owned and controlled by socially and economically disadvantaged individuals; or (C) a small business concern owned and controlled
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4505
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that— (1) the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or making of determinations concerning the performance, of a contract; and (2) if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court. **(b)** This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4651
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** (1) Except as provided in paragraph (2), the Secretary of a military department may not solicit an offer from, award a contract to, extend an existing contract with, or, when approval by the Secretary of the award of a subcontract is required, approve the award of a subcontract to, an offeror or contractor which to the Secretary’s knowledge has been debarred or suspended by another Federal agency unless— (A) in the case of debarment, the debarment of the offeror or contractor by all other agencies has been terminated or the period of time specified for such debarment has expired; and (B) in the case of a suspension, the period of time specified by all other agencies for the suspension of the offeror or contractor has expired. (2) Paragraph (1) does not apply in any case in which the Secretary concerned determines that there is a compelling reason to solicit an offer from, award a contract to, extend a contract with, or approve a subcontract with such offeror or contractor. **(b)** Whenever the Secretary concerned makes a determination described in subsection (a)(2), he shall, at the time of the determination, transmit a notice to the Administrator of General Services describing the determination. The Administrator of General Services shall maintain each such notice on a publicly accessible website to the maximum extent practicable. **(c)** In this section: (1) The term “debar” means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (2) The term “suspend” means to disqualify, pursuant to established administrative procedures, from Government contracting and subcontracti
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4654
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each contract for the purchase of supplies or services made by the Department of Defense shall provide that the contractor will not— (1) enter into any agreement with a subcontractor under the contract that has the effect of unreasonably restricting sales by the subcontractor directly to the United States of any item or process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or (2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). **(b)** This section does not prohibit a contractor from asserting rights it otherwise has under law. **(c)** This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)). **(d)** (1) An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcontractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcontractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial products or commercial services from that subcontractor. (2) In paragraph (1), the terms “commercial product” and “commercial service” have the meanings given those terms in sections 103 and 103a, respectively, of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4655
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition.—** (1) An individual who is convicted of fraud or any other felony arising out of a contract with the Department of Defense shall be prohibited from each of the following: (A) Working in a management or supervisory capacity on any defense contract or any first tier subcontract of a defense contract. (B) Serving on the board of directors of any defense contractor or any subcontractor awarded a contract directly by a defense contractor. (C) Serving as a consultant to any defense contractor or any subcontractor awarded a contract directly by a defense contractor. (D) Being involved in any other way, as determined under regulations prescribed by the Secretary of Defense, with a defense contract or first tier subcontract of a defense contract. (2) Except as provided in paragraph (3), the prohibition in paragraph (1) shall apply for a period, as determined by the Secretary of Defense, of not less than five years after the date of the conviction. (3) The prohibition in paragraph (1) may apply with respect to an individual for a period of less than five years if the Secretary determines that the five-year period should be waived in the interests of national security. (4) The prohibition in paragraph (1) does not apply with respect to the following: (A) A contract referred to in subparagraph (A), (B), (C), or (D) of such paragraph that is not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)). (B) A contract referred to in such subparagraph that is for the acquisition of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41). (C) A subcontract
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4656
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy.—** Under section 3(5)(A) 11 See References in Text note below. of the Export Administration Act of 1979 ([50 U.S.C. 4602(5)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4602/5/A&num=0&edition=prelim)), it is the policy of the United States to oppose restrictive trade practices or boycotts fostered or imposed by foreign countries against other countries friendly to the United States or against any other United States person. **(b) Prohibition.—** (1) Consistent with the policy referred to in subsection (a), the Department of Defense may not award a contract for an amount in excess of the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)) to a foreign entity unless that entity certifies to the Secretary of Defense that it does not comply with the secondary Arab boycott of Israel. (2) In paragraph (1), the term “foreign entity” means a foreign person, a foreign company, or any other foreign entity. **(c) Waiver Authority.—** The Secretary of Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States. **(d) Exceptions.—** Subsection (b) does not apply— (1) to contracts for consumable supplies, provisions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or (2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equ
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4659
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