18.000 Scope of part
Source: FAR 18.000 on acquisition.gov
FAR 18.000 establishes that emergency acquisition flexibilities exist to streamline urgent procurements, but all actions must still comply with ethical and conflict-of-interest rules.
Overview
FAR 18.000 outlines the scope of Part 18, which addresses acquisition flexibilities for emergency situations. It introduces specific techniques and procedures designed to streamline the acquisition process during emergencies, distinguishing between flexibilities that are generally available and those that apply only under certain prescribed circumstances. The section also clarifies that these flexibilities do not override the requirements and limitations of FAR Part 3, which governs improper business practices and personal conflicts of interest. Additionally, it notes that executive agencies may authorize further flexibilities through their own FAR supplements.
Key Rules
- Acquisition Flexibilities for Emergencies
- Provides streamlined procedures for emergency acquisitions, including both generally available and circumstance-specific flexibilities.
- Compliance with FAR Part 3
- All emergency acquisition flexibilities must still comply with rules on improper business practices and conflicts of interest.
- Agency Supplements
- Agencies may authorize additional flexibilities through their own supplements to the FAR.
Responsibilities
- Contracting Officers: Must understand and apply the appropriate emergency flexibilities while ensuring compliance with FAR Part 3 and any agency supplements.
- Contractors: Should be aware that emergency procedures do not exempt them from ethical and conflict-of-interest requirements.
- Agencies: May issue additional flexibilities but must ensure alignment with overarching FAR requirements.
Practical Implications
- This section exists to enable faster, more efficient acquisitions during emergencies while maintaining ethical standards.
- It impacts daily contracting by allowing deviations from standard procedures when justified by emergency needs, but with continued oversight.
- Common pitfalls include misunderstanding the limits of these flexibilities or neglecting compliance with FAR Part 3.
(a) This part identifies acquisition flexibilities that are available for emergency acquisitions. These flexibilities are specific techniques or procedures that may be used to streamline the standard acquisition process. This part includes-
(1) Generally available flexibilities; and
(2) Emergency acquisition flexibilities that are available only under prescribed circumstances.
(b) The acquisition flexibilities in this part are not exempt from the requirements and limitations set forth in FAR part 3, Improper Business Practices and Personal Conflicts of Interest.
(c) Additional flexibilities may be authorized in an executive agency supplement to the FAR.