41 U.S.C. § 1903 — Special emergency procurement authority

(a) Applicability .— The authorities provided in subsections
(b) and
(c) apply about 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 under 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) Increased Thresholds and Limitation .— 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 must 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 3205(a)(2) of title 10 is deemed to be $10,000,000.
(c) Authority To Treat Property or Service as Commercial Product or Commercial Service.—
(1) In general .— The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection
(a)(2) can treat the property or service as a commercial product or a commercial service for the purpose of carrying out the procurement.
(2) Certain contracts not exempt from standards or requirements .— 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 chapter 271 of title 10.