18.001 Definition
Source: FAR 18.001 on acquisition.gov
FAR 18.001 defines the specific situations where emergency acquisition flexibilities may be used, guiding when expedited procurement procedures are authorized.
Overview
FAR 18.001 provides the definition of "emergency acquisition flexibilities" as it applies to Part 18, clarifying the circumstances under which special acquisition procedures may be used by executive agencies. These flexibilities are designed to expedite the procurement of supplies or services in response to urgent national needs, such as contingency operations, defense against major attacks, international disaster assistance, or presidential emergency declarations. Understanding this definition is crucial for contracting professionals to determine when emergency procedures are authorized and applicable.
Key Rules
- Definition of Emergency Acquisition Flexibilities
- Emergency acquisition flexibilities are special procurement authorities that can be invoked for acquisitions supporting contingency operations, national defense against major threats, international disaster assistance, or presidentially declared emergencies.
- Triggering Events
- These flexibilities are only available when specific events occur, such as a contingency operation, certain types of attacks, requests for international disaster assistance, or official emergency declarations.
Responsibilities
- Contracting Officers: Must determine if the acquisition qualifies under one of the defined emergency scenarios before applying flexibilities.
- Contractors: Should be aware of when emergency procedures may be used and what exceptions or expedited processes may apply.
- Agencies: Heads of executive agencies are responsible for determining when these flexibilities are authorized.
Practical Implications
- This section exists to clearly define when emergency acquisition flexibilities can be used, ensuring proper application and compliance.
- It impacts daily contracting by allowing for faster, more flexible procurement in urgent situations, but only under specific, authorized circumstances.
- Common pitfalls include misapplying emergency flexibilities outside of the defined scenarios or failing to document the triggering event.
Emergency acquisition flexibilities, as used in this part, means flexibilities provided with respect to any acquisition of supplies or services by or for an executive agency that, as determined by the head of an executive agency, may be used-
(a) In support of a contingency operation as defined in 2.101;
(b) To facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;
(c) In support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance; or
(d) When the President issues an emergency declaration, or a major disaster declaration.