Sec. 811. Commander initiated rapid contracting actions
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The commander of a combatant command, upon providing a written determination to a supporting head (or heads) of contracting activity (HCA), may request emergency, rapid contracting response using special authorities described in subsection (b)— in support of a contingency operation (as defined in section 101(a) of title 10, United States Code); to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and for purposes of protecting the national security interests of the United States during directed operations that fall below the level of armed conflict.
In carrying out subsection (a), the HCA may utilize the following authorities to rapidly respond to time-sensitive or unplanned emergency situations: For actions taken under subsection
(a)in the case of a contract to be awarded and performed, or purchase to be made, in the United States, simplified procedures for a single contracting action may be used up to $15,000. For actions taken under subsection
(a)in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, simplified procedures for a single contracting action may be used up to $25,000. For purposes of section 3205(a)(2) of title 10, United States Code, the applicable threshold is deemed to be $10,000,000. The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement. A written determination required under subsection
(a)may be used to cover more than one requested action, and may be directed to more than one HCA, and shall include: The rationale for initiating the request in accordance with paragraphs
(1)though
(4)of such subsection. A description of the actions being requested of the HCA. A declaration that funds are available for such requested contracting support. The authority under subsection
(a)shall terminate on September 30, 2028. Not later than January 15, 2025, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees on the use of the authority under this section for the previous fiscal year. The report shall include a summary of each instance of the authority being used, including— the combatant command initiating the action or actions; the supporting HCA or HCAs; and the specific actions requested, including the contract performer and value of contracting action.