SEC. 851. [6 U.S.C. 421] DEFINITION.

In this subtitle, the term ``executive agency'' has the

meaning given that term under section 4(1) of the Office of

Federal Procurement Policy Act (41 U.S.C. 403(1)).

SEC. 852. [6 U.S.C. 422] PROCUREMENTS FOR DEFENSE AGAINST OR RECOVERY

FROM TERRORISM OR NUCLEAR, BIOLOGICAL, CHEMICAL, OR

RADIOLOGICAL ATTACK.

The authorities provided in this subtitle 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 the

date of the enactment of this Act.

SEC. 853. [6 U.S.C. 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 852 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 4(11) of the Office of Federal

Procurement Policy Act (41 U.S.C. 403(11)).

(2) Section 309(d) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 259(d)).

(3) Section 2302(7) of title 10, United States

Code.

(c) Small Business Reserve.--For a procurement carried out

pursuant to subsection (a), section 15(j) of the Small Business

Act (15 U.S.C. 644(j)) shall be applied as if the maximum

anticipated value identified therein is equal to the amounts

referred to in subsection (a).

SEC. 854. [6 U.S.C. 424] INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN

PROCUREMENTS.

In the administration of section 32 of the Office of

Federal Procurement Policy Act (41 U.S.C. 428) with respect to

a procurement referred to in section 852, the amount specified

in subsections (c), (d), and (f) of such section 32 shall be

deemed to be $7,500.

SEC. 855. [6 U.S.C. 425] 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).

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 168 / 282 题