# § 1903. Special emergency procurement authority
**(a)** **Applicability.—** The authorities provided in subsections (b) and (c) apply with respect to 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 pursuant to 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 shall 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) may 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.
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**Source Credit**: (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3721; Pub. L. 114–92, div. A, title VIII, § 816, Nov. 25, 2015, 129 Stat. 897; Pub. L. 114–328, div. A, title VIII, § 816, title XVI, § 1641, Dec. 23, 2016, 130 Stat. 2272, 2600; Pub. L. 115–232, div. A, title VIII, § 836(b)(5), Aug. 13, 2018, 132 Stat. 1861; Pub. L. 117–81, div. A, title XVII, § 1702(h)(7), Dec. 27, 2021, 135 Stat. 2158.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1903(a) | 41:428a(a), (e). | Pub. L. 93–400, § 32A, as added Pub. L. 108–136, title XIV, § 1443(a)(1), Nov. 24, 2003, 117 Stat. 1675; Pub. L. 108–375, title VIII, § 822, Oct. 28, 2004, 118 Stat. 2016. |
| 1903(b) | 41:428a(b), (c). | |
| 1903(c) | 41:428a(d). | |
## Editorial Notes
### References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a)(3), is , , . Chapter 9 of part I of the Act is classified generally to part IX [§ 2292 et seq.] of subchapter I of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Amendments
2021—Subsec. (b)(3). , substituted “section 3205(a)(2)” for “section 2304(g)(1)(B)”.
Subsec. (c)(2)(B). , substituted “chapter 271” for “section 2306a”.
2018—Subsec. (c). , substituted “Commercial Product or Commercial Service” for “Commercial Item” in heading.
Subsec. (c)(1). , substituted “as a commercial product or a commercial service” for “as a commercial item”.
Subsec. (c)(2). , substituted “for a product or service treated as a commercial product or a commercial service” for “for an item or service treated as a commercial item” in introductory provisions.
2016—Subsec. (a)(2). , inserted “cyber,” before “nuclear,”.
Subsec. (a)(3), (4). , added pars. (3) and (4).
2015—Subsec. (b)(2)(A). , substituted “$750,000” for “$250,000”.
Subsec. (b)(2)(B). , substituted “$1,500,000” for “$1,000,000”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , subject to a savings provision, see , set out as an Effective Date of 2018 Amendment; Savings Provision note under , Domestic Security.