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10 U.S.C. § 3205 — Simplified procedures for small purchases
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization.—** In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
**(b) Prohibition on Dividing Contracts.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
**(c) Promotion of Competition.—** In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
**(d) Compliance With Special Requirements of Federal Acquisition Regulation.—** The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in [section 1901(e) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/e&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-10/section-3205-simplified-procedures-for-small-purchases--2b7204e3c9.md
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Source location: Title 10, Chapter 221, § 3205; chapter-221-planning-and-solicitation-generally.md
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**(a) Authorization.—** In order to promote efficiency and economy in contracting and to avoid unnecessary burdens for agencies and contractors, the Federal Acquisition Regulation shall provide for—
(1) special simplified procedures for purchases of property and services for amounts not greater than the simplified acquisition threshold; and
(2) special simplified procedures for purchases of property and services for amounts greater than the simplified acquisition threshold but not greater than $5,000,000 with respect to which the contracting officer reasonably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial products or commercial services.
**(b) Prohibition on Dividing Contracts.—** A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified procedures required by subsection (a).
**(c) Promotion of Competition.—** In using simplified procedures, the head of an agency shall promote competition to the maximum extent practicable.
**(d) Compliance With Special Requirements of Federal Acquisition Regulation.—** The head of an agency shall comply with the Federal Acquisition Regulation provisions referred to in [section 1901(e) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/e&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracting Officers.—** The Secretary of Defense shall require that, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold referred to in [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim), an employee of the Department of Defense or member of the armed forces (other than the Coast Guard) must, except as provided in subsections (c) and (d)—
(1) have completed all contracting courses required for a contracting officer (A) in the case of an employee, serving in the position within the grade of the General Schedule in which the employee is serving, and (B) in the case of a member of the armed forces, in the member’s grade;
(2) have at least two years of experience in a contracting position;
(3) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees; and
(4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position.
**(b) GS–1102 Series Positions and Similar Military Positions.—**
(1) The Secretary of Defense shall require that in order to qualify to serve in a position in the Department of Defense that is in the GS–1102 occupational series an employee or potential employee of the Department of Defense meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) and (2) of that subsection.
(
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures.—**
(1) **In general.—** — The Secretary of Defense shall prescribe procedures for the urgent acquisition and deployment of capabilities needed in response to urgent operational needs. The capabilities for which such procedures may be used in response to an urgent operational need are those—
(A) that, subject to such exceptions as the Secretary considers appropriate for purposes of this section—
(i) can be fielded within a period of two to 24 months;
(ii) do not require substantial development effort;
(iii) are based on technologies that are proven and available; and
(iv) can appropriately be acquired under fixed-price contracts;
(B) that can be developed or procured under a rapid acquisition pathway; or
(C) with respect to an armed attack by a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ([22 U.S.C. 2651a(m)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2651a/m&num=0&edition=prelim))), to which the United States is not a party, for purposes of—
(i) replenishing United States stockpiles of defense articles when such stockpiles are diminished as a result of the United States providing defense articles in response to such armed attack by a country of concern against—
(I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, titled “To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes” (56 Stat. 1028, chapter 668; [42 U.S.C. 1711(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1711/d&num=0&edition=prelim))); or
(II) a United States partner; or
(ii) co
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
(1) The following types of end items, or components thereof, containing a specialty metal not melted or produced in the United States: aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition.
(2) A specialty metal that is not melted or produced in the United States and that is to be purchased directly by the Department of Defense or a prime contractor of the Department.
**(b) Availability Exception.—**
(1) Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a reasonable price. For purposes of the preceding sentence, the term “compliant specialty metal” means specialty metal melted or produced in the United States.
(2) This subsection applies to prime contracts and subcontracts at any tier under such contracts.
(3) The authority in subsection (b)(1)—
(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
**(c) Exception for Certain Acquisitions.—** Subsection (a) does not apply to the following:
(1) Acquisitions outside the United States in support of con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4863
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority**
(1) **In general** — The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in [section 422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section422&num=0&edition=prelim) without regard to whether the property or services are commercial items.
(2) **Commercial item laws** — The provisions of law referred to in paragraph (1) are as follows:
(A) Sections 1901 and 1906 of title 41.
(B) [Section 3205 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205&num=0&edition=prelim).
(C) [Section 3305 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305&num=0&edition=prelim).
**(b) Inapplicability of limitation on use of simplified acquisition procedures**
(1) **In general** — The $5,000,000 limitation provided in [section 1901(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901/a/2&num=0&edition=prelim), [section 3205(a)(2) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3205/a/2&num=0&edition=prelim), and [section 3305(a)(2) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3305/a/2&num=0&edition=prelim) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section.
(2) **OMB guidance** — The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section.
**(c) Continuation
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 444
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement** Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
**(b) Covered items** An item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States:
(1) 11 So in original. No par. (2) has been enacted. An article or item of—
(A) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(B) tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages;
(C) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(D) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
**(c) Availability exception** Subsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) grown, reprocessed, reused, or produced in the United States cannot b
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Federal law — U.S. Code and appendices · legal_authorities
Page 2428
TITLE 10—ARMED FORCES
§ 3205
‘‘(1) DATA TRACKING AND COLLECTION.—The Depart-
ment of Defense shall track the use of the authority
as modified by subsection (a) and make the data
available to the Comptroller General for purposes of
the report required under paragraph (2).
‘‘(2) REPORT.—Not later than March 1, 2022, the
Comptroller General of the United States shall sub-
mit a report to the congressional defense committees
[Committees on Armed Services and Appropriations
of the Senate and the House of Representatives] on
the use of the authority as modified by subsection (a)
through the end of fiscal year 2021. The report shall
include—
‘‘(A) a review of the financial effect of the change
to the justification and approval requirement in
subsection (a) on the native corporations and busi-
nesses and associated native communities;
‘‘(B) a description of the nature and extent of con-
tracts excluded from the justification and approval
requirement by subsection (a); and
‘‘(C) other matters the Comptroller General
deems appropriate.’’
§ 3205. Simplified procedures for small purchases
(a) AUTHORIZATION.—In order to promote effi-
ciency and economy in contracting and to avoid
unnecessary burdens for agencies and contrac-
tors, the Federal Acquisition Regulation shall
provide for—
(1) special simplified procedures for pur-
chases of property and services for amounts
not greater than the simplified acquisition
threshold; and
(2) special simplified procedures for pur-
chases of property and services for amounts
greater than the simplified acquisition thresh-
old but not greater than $5,000,000 with respect
to which the contracting officer reasonably
expects, based on the nature of the property or
services sought and on market research, that
offe
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3205
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