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P. L. 107-107

House Conference Report 107-333

SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO FACILITATE THE DEFENSE AGAINST TERRORISM OR BIOLOGICAL OR CHEMICAL ATTACK.

(a) INCREASED FLEXIBILITY FOR USE OF STREAMLINED PROCEDURES- The following special authorities apply to procurements of property and services by or for the Department of Defense for which funds are obligated during fiscal year 2002 and 2003:

(1) MICROPURCHASE AND SIMPLIFIED ACQUISITION THRESHOLDS- For any procurement of property or services for use (as determined by the Secretary of Defense) to facilitate the defense against terrorism or biological or chemical attack against the United States--

(A) the amount specified in subsections (c), (d), and (f) of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) shall be deemed to be $15,000 in the administration of that section with respect to such procurement; and

(B) the term `simplified acquisition threshold' means, in the case of any contract to be awarded and performed, or purchase to be made--

(i) inside the United States in support of a contingency operation, $250,000; or

(ii) outside the United States in support of a contingency operation, $500,000.

(2) COMMERCIAL ITEM TREATMENT FOR PROCUREMENTS OF BIOTECHNOLOGY- For any procurement of biotechnology property or biotechnology services for use (as determined by the Secretary of Defense) to facilitate the defense against terrorism or biological attack against the United States, the procurement shall be treated as being a procurement of commercial items.

(b) RECOMMENDATIONS FOR ADDITIONAL EMERGENCY PROCUREMENT AUTHORITY TO SUPPORT ANTI-TERRORISM OPERATIONS- Not later than March 1, 2002, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the Secretary's recommendations for additional emergency procurement authority that the Secretary (subject to the direction of the President) determines necessary to support operations carried out to combat terrorism.

(c) TERMINATION OF AUTHORITY- No contract may be entered into pursuant to the authority provided in subsection (a) after September 30, 2003.

The conference agreement includes a provision that would provide temporary emergency procurement authority to assist the Department of Defense in the defense against terrorism and biological or chemical attack. The provision would provide the following authorities in fiscal years 2002 and 2003: (1) an increase of the micro-purchase threshold to $15,000 for purchases of property and services that would facilitate the defense against terrorism or biological or chemical attack against the United States; (2) an increase of the simplified acquisition threshold to $250,000 (inside the United States) and to $500,000 (outside the United States) for contracts awarded in support of a contingency operation or a humanitarian or peacekeeping operation; and (3) authority to treat as commercial items any biotechnology goods and services purchased to facilitate the defense against terrorism or biological or chemical attack. In addition, the provision would require the Secretary of Defense to recommend any additional emergency procurement authority that the Secretary determines is necessary to support operations carried out to combat terrorism.