§ 425. Application of certain commercial items authorities to certain procurements
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(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).
(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.)
Connections10 cite this · traces to 6
Cited by 10 sections
public-private-law
statute-compilations
statutes-at-large
- Public Law 107–296To establish the Department of Homeland Security, and for other purposes
- Public Law 117–81To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
bill
- Sec. 1702Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes
- Sec. 1702Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes
- Sec. 1702Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes
- Sec. 1702Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes
- Sec. 1702Conforming cross reference technical amendments related to the transfer and reorganization of defense acquisition statutes
Traces to 6 documents
U.S. Code
- Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack§ 422
- Simplified procedures for small purchases§ 3205
- Simplified procedures for small purchases§ 3305
- Simplified acquisition procedures§ 1901
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293]§ 2304
public-private-law
5 references not yet in our index
- Public Law 104–106
- Pub. L. 107–296, title VIII, § 855
- 116 Stat. 2236
- 135 Stat. 2155
- section 4202(e) of Pub. L. 104–106
Citation graph
cites case law
§ 425
Application of certain commercial items authorities to certain procurements
Bills×5
Stat. Comp.×2
Stat.×2
Pub. L.×1
Pub. L.Public Law 104–106
Pub. L.Pub. L. 107–296, title VIII, § 855
Stat.116 Stat. 2236
Stat.135 Stat. 2155
Pub. L.section 4202(e) of Pub. L. 104–106
Cites 11Cited by 10 across 4 sources