6 USC § 425 - Application of certain commercial items authorities to certain procurements

---
identifier: "/us/usc/t6/s425"
source: "usc"
legal_status: "official_prima_facie"
title: "6 USC § 425 - Application of certain commercial items authorities to certain procurements"
title_number: 6
title_name: "DOMESTIC SECURITY"
section_number: "425"
section_name: "Application of certain commercial items authorities to certain procurements"
chapter_number: 1
chapter_name: "HOMELAND SECURITY ORGANIZATION"
subchapter_number: "VIII"
subchapter_name: "COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS"
part_number: "F"
part_name: "Federal Emergency Procurement Flexibility"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 425. Application of certain commercial items authorities to certain procurements

**(a)** **Authority**

**(1)** **In general** section 422 of this title

The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in  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.

**(C)** Section 3305 of title 41.

**(b)** **Inapplicability of limitation on use of simplified acquisition procedures**

**(1)** **In general** section 1901(a)(2) of title 41section 3205(a)(2) of title 10section 3305(a)(2) of title 41

The $5,000,000 limitation provided in , , and  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** Public Law 104–10610 U.S.C. 2304

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 ;  note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b).

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**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.)

## Editorial Notes

### References in Text

Section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (c), is , which is set out as a note under , Armed Forces.

### Amendments

2021—Subsec. (a)(2). , added subpars. (A) to (C) and struck out former subpars. (A) to (C) which read as follows:

“(A) Sections 1901 and 1906 of title 41.

“(B) .

“(C) .”

Subsec. (b)(1). , substituted “provided in , , and  shall not” for “provided in , , and  shall not”.