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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title VIII § 855 · 116 Stat. 2135

   Enacted · 6 U.S.C. § 425

   Pub. L. 107–296, title VIII, § 855, Nov. 25, 2002, 116 Stat. 2236

   Source evidence

   Code source credit
   Pub. L. 107–296, title VIII, § 855, Nov. 25, 2002, 116 Stat. 2236

   Enacted provision · exact public law section
   SEC. 855. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN PROCUREMENTS. (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 852 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 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430). (B) Section 2304(g) of title 10, United States Code. (C) Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)). (b) Inapplicability of Limitation on Use of Simplified Acquisition Procedures.— (1) In general.— The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10, United States Code, and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) 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).

2. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 1702(c)(3)(A) · 135 Stat. 1541

   1. Added · 6 U.S.C. § 425(a)(2)

      Pub. L. 117–81, § 1702(c)(3)(A), added subpars. (A) to (C)

   2. Struck · 6 U.S.C. § 425(a)(2)

      Pub. L. 117–81, § 1702(c)(3)(A), struck out former subpars. (A) to (C) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 117–81, § 1702(c)(3)(A), 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) Section 2304(g) of title 10. “(C) Section 3305 of title 41.”

   Enacted provision · exact public law section
   (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: “(A) Sections 1901 and 1906 of title 41, United States Code. “(B) Section 3205 of title 10, United States Code. “(C) Section 3305 of title 41, United States Code.” ; and

3. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 § 1702(c)(3)(B) · 135 Stat. 1541

   Substituted · 6 U.S.C. § 425(b)(1)

   Pub. L. 117–81, § 1702(c)(3)(B), substituted “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” for “provided in section 1901(a)(2) of title 41, section 2304(g)(1)(B) of title 10, and section 3305(a)(2) of title 41 shall not”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 117–81, § 1702(c)(3)(B), substituted “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” for “provided in section 1901(a)(2) of title 41, section 2304(g)(1)(B) of title 10, and section 3305(a)(2) of title 41 shall not”.

   Enacted provision · exact public law section
   (B) in subsection (b)(1), by striking “provided in” and all that follows through “shall not” and inserting “provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not”.

4 of 4 references resolved to an enrolled provision