124 STAT. 3721 PUBLIC LAW 111–350—JAN. 4, 2011 (e) EQUITABLE DISTRIBUTION.—Purchases not greater than $3,000 shall be distributed equitably among qualified suppliers. (f) IMPLEMENTATION THROUGH FEDERAL ACQUISITION REGULA- TION.—This section shall be implemented through the Federal Acquisition Regulation. § 1903. Special emergency procurement authority (a) APPLICABILITY.—The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services by or for an executive agency that the head of the executive agency determines are to be used— (1) in support of a contingency operation (as defined in section 101(a) of title 10); or (2) to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States. (b) INCREASED THRESHOLDS AND LIMITATION.—For a procurement to which this section applies under subsection (a)— (1) the amount specified in section 1902(a), (d), and (e) of this title shall be deemed to be— (A) $15,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $25,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; (2) the term ‘‘simplified acquisition threshold’’ means— (A) $250,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,000,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 2304(g)(1)(B) of title 10 is deemed to be $10,000,000. (c) AUTHORITY TO TREAT PROPERTY OR SERVICE AS COMMERCIAL ITEM.— (1) IN GENERAL.—The head of an executive agency carrying out a procurement of property or a service to which this section applies under subsection (a)(2) may treat the property or service as a commercial item for the purpose of carrying out the procurement. (2) CERTAIN CONTRACTS NOT EXEMPT FROM STANDARDS OR REQUIREMENTS.—A contract in an amount of more than $15,000,000 that is awarded on a sole source basis for an item or service treated as a commercial item under paragraph (1) is not exempt from— (A) cost accounting standards prescribed under section 1502 of this title; or (B) cost or pricing data requirements (commonly referred to as truth in negotiating) under chapter 35 of this title and section 2306a of title 10. § 1904. Certain transactions for defense against attack (a) AUTHORITY.— (1) IN GENERAL.—The head of an executive agency that engages in basic research, applied research, advanced research,
