Collapse to view only § 422. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack

§ 421. Definition

In this part, the term “executive agency” has the meaning given that term under section 133 of title 41.

(Pub. L. 107–296, title VIII, § 851, Nov. 25, 2002, 116 Stat. 2235.)
§ 422. Procurements for defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack

The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on November 25, 2002.

(Pub. L. 107–296, title VIII, § 852, Nov. 25, 2002, 116 Stat. 2235.)
§ 423. Increased simplified acquisition threshold for procurements in support of humanitarian or peacekeeping operations or contingency operations
(a) Temporary threshold amounts
For a procurement referred to in section 422 of this title that is carried out in support of a humanitarian or peacekeeping operation or a contingency operation, the simplified acquisition threshold definitions shall be applied as if the amount determined under the exception provided for such an operation in those definitions were—
(1) in the case of a contract to be awarded and performed, or purchase to be made, inside the United States, $200,000; or
(2) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, $300,000.
(b) Simplified acquisition threshold definitions
In this section, the term “simplified acquisition threshold definitions” means the following:
(1)Section 134 of title 41.
(2)Section 153 of title 41.
(3)Section 3015 of title 10.
(c) Small business reserve
(Pub. L. 107–296, title VIII, § 853, Nov. 25, 2002, 116 Stat. 2235; Pub. L. 117–81, div. A, title XVII, § 1702(c)(2), Dec. 27, 2021, 135 Stat. 2155.)
§ 424. Increased micro-purchase threshold for certain procurements

In the administration of section 1902 of title 41 with respect to a procurement referred to in section 422 of this title, the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500.

(Pub. L. 107–296, title VIII, § 854, Nov. 25, 2002, 116 Stat. 2236.)
§ 425. Application of certain commercial items authorities to certain procurements
(a) Authority
(1) In general
(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
(2) OMB guidance
(c) Continuation of authority for simplified purchase procedures
(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.)
§ 426. Use of streamlined procedures
(a) Required use
The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for a procurement referred to in section 422 of this title, including authorities and procedures that are provided under the following provisions of law:
(1) Federal Property and Administrative Services Act of 1949
In division C of subtitle I of title 41:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of title 41, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B)Section 4106 of title 41, relating to orders under task and delivery order contracts.
(2) Title 10
In part V of subtitle A of title 10:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B) Section 3406, relating to orders under task and delivery order contracts.
(3) Office of Federal Procurement Policy Act
(b) Waiver of certain small business threshold requirements
(Pub. L. 107–296, title VIII, § 856, Nov. 25, 2002, 116 Stat. 2237; Pub. L. 117–81, div. A, title XVII, § 1702(c)(4), Dec. 27, 2021, 135 Stat. 2155.)
§ 427. Review and report by Comptroller General
(a) Requirements
Not later than March 31, 2004, the Comptroller General shall—
(1) complete a review of the extent to which procurements of property and services have been made in accordance with this part; and
(2) submit a report on the results of the review to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.
(b) Content of report
The report under subsection (a)(2) shall include the following matters:
(1) Assessment
The Comptroller General’s assessment of—
(A) the extent to which property and services procured in accordance with this subchapter have contributed to the capacity of the workforce of Federal Government employees within each executive agency to carry out the mission of the executive agency; and
(B) the extent to which Federal Government employees have been trained on the use of technology.
(2) Recommendations
(c) Consultation
(Pub. L. 107–296, title VIII, § 857, Nov. 25, 2002, 116 Stat. 2237.)
§ 428. Identification of new entrants into the Federal marketplace

The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research.

(Pub. L. 107–296, title VIII, § 858, Nov. 25, 2002, 116 Stat. 2238.)