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6 U.S.C. § 425Application of certain commercial items authorities to certain procurements

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 254 words · no verdicts yet

in plain englishAI-generated · not legal advice

Agencies can use certain streamlined federal contracting laws for section 422 procurements, even for non-commercial items. The usual $5 million cap on simplified acquisition procedures doesn't apply here. The OMB Director must issue guidance for using these procedures above $5 million.

(a) Authority. (1) The head of an executive agency may apply the laws listed in paragraph (2) to a procurement covered by section 422 of this title, even if the property or services being bought aren't "commercial items." (2) The laws that can be applied are: sections 1901 and 1906 of title 41; section 3205 of title 10; and section 3305 of title 41. (b) Turning off the simplified-procedures cap. (1) The $5,000,000 limit set in section 1901(a)(2) of title 41, section 3205(a)(2) of title 10, and section 3305(a)(2) of title 41 does not apply to purchases of property or services made under the authority of this section. (2) The Director of the Office of Management and Budget must issue guidance and procedures for using simplified acquisition procedures on purchases over $5,000,000 made under this section's authority. (c) Continuing the simplified-purchase authority. Even though the authority described in subsection (a)(2) would otherwise expire under section 4202(e) of the Clinger-Cohen Act of 1996, it keeps applying — despite that expiration section — for the head of an executive agency to use as described in subsections (a) and (b).
the actual law source: uscode.house.gov ↗public domain
(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 paragraph (1) are as follows:

(A)

Sections 1901 and 1906 of title 41.

(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, 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 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 of authority for simplified purchase procedures

Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b).

Source credit: (Pub. L. 107–296, title VIII, § 855, Nov. 25, 2002, 116 Stat. 2236; Pub. L. 117–81, div. A, title XVII, § 1702(c)(3), Dec. 27, 2021, 135 Stat. 2155.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2236
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2155

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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