6 U.S.C. § 423 — Increased simplified acquisition threshold

Page 222 TITLE 6—DOMESTIC SECURITY § 421 (A) the Agency (including the center); (B) the Directorate of Science and Tech- nology; or (C) institutions that have been designated by the Department as a Center of Excellence for Cyber Defense, or the equivalent. (Pub. L. 107–296, title VIII, § 846, as added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8278(a), Jan. 1, 2021, 134 Stat. 4687.) PART F—FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY § 421. Definition In this part, the term ‘‘executive agency’’ has the meaning given that term under section 133 of title 41. (Pub. L. 107–296, title VIII, § 851, Nov. 25, 2002, 116 Stat. 2235.) Editorial Notes CODIFICATION In text, ‘‘section 133 of title 41’’ substituted for ‘‘sec- tion 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 422. Procurements for defense against or recov- ery from terrorism or nuclear, biological, chemical, or radiological attack The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or ra- diological attack, but only if a solicitation of of- fers for the procurement is issued during the 1- year period beginning on November 25, 2002. (Pub. L. 107–296, title VIII, § 852, Nov. 25, 2002, 116 Stat. 2235.) § 423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations (a) Temporary threshold amounts For a procurement referred to in section 422 of this title that is carried out in support of a hu- manitarian or peacekeeping operation or a con- tingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception pro- vided for such an operation in those definitions were— (1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or (2) in the case of a contract to be awarded and performed, or purchase to be made, out- side the United States, $300,000. (b) Simplified acquisition threshold definitions In this section, the term ‘‘simplified acquisi- tion threshold definitions’’ means the following: (1) Section 134 of title 41. (2) Section 153 of title 41. (3) Section 3015 of title 10. (c) Small business reserve For a procurement carried out pursuant to subsection (a), section 644(j) of title 15 shall be applied as if the maximum anticipated value identified therein is equal to the amounts re- ferred to in subsection (a). (Pub. L. 107–296, title VIII, § 853, Nov. 25, 2002, 116 Stat. 2235; Pub. L. 117–81, div. A, title XVII, § 1702(c)(2), Dec. 27, 2021, 135 Stat. 2155.) Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–81 added pars. (1) to (3) and struck out former pars. (1) to (3) which read as fol- lows: ‘‘(1) Section 4(11) of the Office of Federal Procure- ment Policy Act (41 U.S.C. 403(11)). ‘‘(2) Section 309(d) of the Federal Property and Ad- ministrative Services Act of 1949 (41 U.S.C. 259(d)). ‘‘(3) Section 2302(7) of title 10.’’ § 424. Increased micro-purchase threshold for certain procurements In the administration of section 1902 of title 41 with respect to a procurement referred to in sec- tion 422 of this title, the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500. (Pub. L. 107–296, title VIII, § 854, Nov. 25, 2002, 116 Stat. 2236.) Editorial Notes CODIFICATION In text, ‘‘section 1902 of title 41’’ substituted for ‘‘sec- tion 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)’’ and ‘‘subsections (a), (d), and (e) of such section 1902’’ substituted for ‘‘subsections (c), (d), and (f) of such section 32’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 425. Application of certain commercial items authorities to certain procurements (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 without regard to whether the property or services are commercial items. (2) Commercial item laws The provisions of law referred to in para- graph (1) are as follows: (A) Sections 1901 and 1906 of title 41. (B) Section 3205 of title 10. (C) Section 3305 of title 41. (b) Inapplicability of limitation on use of sim- plified acquisition procedures (1) In general The $5,000,000 limitation provided in section 1901(a)(2) of title 41, section 3205(a)(2) of title 10, and section 3305(a)(2) of title 41 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 author- ity of this section.