18.108
Qualifications requirements
Agencies can waive qualification requirements during emergencies to expedite procurement and meet urgent needs.
Overview
FAR 18.108 allows agencies to waive enforcement of qualification requirements during emergencies. This provides flexibility in acquisition processes when urgent needs arise, enabling agencies to respond quickly without being constrained by standard qualification procedures. The section references FAR 9.206-1 for further details on qualification requirements and their enforcement. The intent is to ensure that critical supplies or services can be procured rapidly in emergency situations, even if vendors have not met all pre-established qualification criteria.
Key Rules
- Waiver of Qualification Requirements in Emergencies
- Agencies have the discretion to not enforce qualification requirements when an emergency exists.
- Reference to FAR 9.206-1
- For more information on qualification requirements and their normal enforcement, refer to FAR 9.206-1.
Responsibilities
- Contracting Officers: Must determine if an emergency justifies waiving qualification requirements and document the decision.
- Contractors: May be eligible for award even if not previously qualified, provided an emergency is declared.
- Agencies: Should ensure that the waiver is justified and properly recorded, and that acquisition actions remain compliant with other applicable regulations.
Practical Implications
- This provision exists to expedite procurement during emergencies, such as natural disasters or national security events.
- It allows agencies to bypass time-consuming qualification processes to meet urgent needs.
- Contractors who are not pre-qualified may have opportunities to participate in emergency procurements, but must still meet other contract requirements.