§ 426. Use of streamlined procedures

Statutory text

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:

Federal Property and Administrative Services Act of 1949

In division C of subtitle I of title 41:

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).

Section 4106 of title 41, relating to orders under task and delivery order contracts.

Title 10

In part V of subtitle A of title 10:

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).

Section 3406, relating to orders under task and delivery order contracts.

Office of Federal Procurement Policy Act

Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, relating to inapplicability of a requirement for procurement notice.

Waiver of certain small business threshold requirements

Subclause (II) of section 637(a)(1)(D)(i) of title 15 and clause (ii) of section 657a(b)(2)(A) 1 of title 15 shall not apply in the use of streamlined acquisition authorities and procedures referred to in paragraphs (1)(A) and (2)(A) of subsection (a) for a procurement referred to in section 422 of this title.

Footnotes

1 See References in Text note below.

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.

2002
Homeland Security Act of 2002
Pub. L. 107–296 title VIII § 856 · 116 Stat. 2135
Enacted · 6 U.S.C. § 426
Pub. L. 107–296, title VIII, § 856, Nov. 25, 2002, 116 Stat. 2237
Source evidence
Code source credit
Pub. L. 107–296, title VIII, § 856, Nov. 25, 2002, 116 Stat. 2237
Enacted provision · exact public law section
SEC. 856. 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 852, including authorities and procedures that are provided under the following provisions of law: (1) Federal property and administrative services act of 1949.— In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) Title 10, united states code.— In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Office of federal procurement policy act.— Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. (b) Waiver of Certain Small Business Threshold Requirements.— Subclause (II) of section 8(a)(1)(D)(i) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A)) shall not apply in the use of streamlined acquisition authorities and procedures referred to in paragraphs (1)(A) and (2)(A) of subsection (a) for a procurement referred to in section 852.
2021
National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title XVII § 1702(c)(4) · 135 Stat. 1541
1. Added · 6 U.S.C. § 426(a)
  Pub. L. 117–81 added pars. (1) to (3)
2. Struck · 6 U.S.C. § 426(a)
  Pub. L. 117–81 struck out former pars. (1) to (3) which listed provisions in titles 10 and 41 to be followed for procurements
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81 added pars. (1) to (3) and struck out former pars. (1) to (3) which listed provisions in titles 10 and 41 to be followed for procurements.
Enacted provision · exact public law section
(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended by striking paragraphs (1), (2), and (3) and inserting the following: “(1) Federal property and administrative services act of 1949.— In division C of subtitle I of title 41, United States Code: “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). “(B) Section 4106 of such title, relating to orders under task and delivery order contracts. “(2) Title 10, united states code.— In part V of subtitle A of title 10, United States Code: “(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.— Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.” .

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(1) heading, is act June 30, 1949, ch. 288, 63 Stat. 377. Title III of the Act was classified generally to subchapter IV (§ 251 et seq.) of chapter 4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§ 3101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

The Office of Federal Procurement Policy Act, referred to in subsec. (a)(3) heading, is Pub. L. 93–400, Aug. 30, 1974, 88 Stat. 796, which was classified principally to chapter 7 (§ 401 et seq.) of former Title 41, Public Contracts, and was substantially repealed and restated in division B (§ 1101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1974 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

Subsec. (b) of section 657a of title 15, referred to in subsec. (b), was redesignated subsec. (c) of that section by Pub. L. 115–91, div. A, title XVII, § 1701(a)(1), Dec. 12, 2017, 131 Stat. 1795.

Amendments

2021—Subsec. (a). Pub. L. 117–81 added pars. (1) to (3) and struck out former pars. (1) to (3) which listed provisions in titles 10 and 41 to be followed for procurements.

Credits

2002–2021 · 2 acts

2002Pub. L. 107–296, title VIII, § 856, Nov. 25, 2002, 116 Stat. 2237
2021Pub. L. 117–81, div. A, title XVII, § 1702(c)(4), Dec. 27, 2021, 135 Stat. 2155.

Show as published

(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.)