{"identifier":"/us/usc/t6/s425","title":6,"num":"\u00a7\u202f425.","heading":"Application of certain commercial items authorities to certain procurements","text":"\u00a7\u202f425.\nApplication of certain commercial items authorities to certain procurements\n(a)\nAuthority\n(1)\nIn general\nThe head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in\nsection 422 of this title\n(2)\nCommercial item laws\nThe provisions of law referred to in paragraph (1) are as follows:\n(A) Sections 1901 and 1906 of title 41.\n(B) Section 3205 of title 10\n(C) Section 3305 of title 41\n(b)\nInapplicability of limitation on use of simplified acquisition procedures\n(1)\nIn general\nThe $5,000,000 limitation provided in\nsection 1901(a)(2) of title 41\nsection 3205(a)(2) of title 10\nsection 3305(a)(2) of title 41\n(2)\nOMB guidance\nThe 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.\n(c)\nContinuation of authority for simplified purchase procedures\nAuthority 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\nPublic Law 104\u2013106\n10 U.S.C. 2304","url":"https://projectusc.org/usc/t6/s425.html","content":[{"t":"sec","id":"/us/usc/t6/s425","children":[{"t":"num","text":"\u00a7\u202f425."},{"t":"heading","text":"Application of certain commercial items authorities to certain procurements"},{"t":"subsec","id":"/us/usc/t6/s425/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Authority"},{"t":"para","id":"/us/usc/t6/s425/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The head of an executive agency may apply the provisions of law listed in paragraph (2) to a procurement referred to in ","children":[{"t":"ref","text":"section 422 of this title","href":"/us/usc/t6/s422","tail":" without regard to whether the property or services are commercial items."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t6/s425/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Commercial item laws"},{"t":"chapeau","text":"The provisions of law referred to in paragraph (1) are as follows:"},{"t":"subpara","id":"/us/usc/t6/s425/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Sections 1901 and 1906 of title 41.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t6/s425/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 3205 of title 10","href":"/us/usc/t10/s3205","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t6/s425/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" ","children":[{"t":"ref","text":"Section 3305 of title 41","href":"/us/usc/t41/s3305","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t6/s425/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Inapplicability of limitation on use of simplified acquisition procedures"},{"t":"para","id":"/us/usc/t6/s425/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The $5,000,000 limitation provided in ","children":[{"t":"ref","text":"section 1901(a)(2) of title 41","href":"/us/usc/t41/s1901/a/2","tail":", "},{"t":"ref","text":"section 3205(a)(2) of title 10","href":"/us/usc/t10/s3205/a/2","tail":", and "},{"t":"ref","text":"section 3305(a)(2) of title 41","href":"/us/usc/t41/s3305/a/2","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t6/s425/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"OMB guidance"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t6/s425/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Continuation of authority for simplified purchase procedures"},{"t":"content","children":[{"t":"p","text":"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 ","children":[{"t":"ref","text":"Public Law 104\u2013106","href":"/us/pl/104/106","tail":"; "},{"t":"ref","text":"10 U.S.C. 2304","href":"/us/usc/t10/s2304","tail":" note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}