Subpart 18.2
Emergency Acquisition Flexibilities
FAR Subpart 18.2 empowers agencies and contracting officers to use special acquisition flexibilities for rapid response during emergencies, but requires careful documentation and compliance with specific procedures.
Overview
FAR Subpart 18.2, Emergency Acquisition Flexibilities, outlines the regulatory flexibilities and procedures available to federal agencies and contracting professionals during emergencies, such as contingency operations, defense or recovery from certain events, emergency or major disaster declarations, and humanitarian or peacekeeping operations. This subpart provides guidance on how standard acquisition rules may be relaxed or modified to expedite procurement and ensure timely response in urgent situations. It references specific authorities and resources that contracting officers can use to meet mission needs quickly and compliantly during emergencies.
Key Rules
- Contingency Operation
- Defines acquisition flexibilities available during military or other contingency operations.
- Defense or Recovery from Certain Events
- Details procedures for acquisitions supporting defense or recovery from terrorism, nuclear, biological, chemical, or radiological attacks.
- Emergency or Major Disaster Declaration
- Specifies flexibilities triggered by official emergency or disaster declarations.
- Humanitarian or Peacekeeping Operation
- Outlines acquisition procedures for humanitarian or peacekeeping missions.
- Resources
- Provides references and tools for contracting officers to implement emergency flexibilities.
Responsibilities
- Contracting Officers: Must identify applicable flexibilities, document their use, and ensure compliance with emergency acquisition procedures.
- Contractors: Must understand and comply with modified requirements and expedited processes during emergencies.
- Agencies: Oversee the proper application of flexibilities and ensure accountability in emergency acquisitions.
Practical Implications
- This subpart exists to enable rapid and effective government response during emergencies by streamlining acquisition processes.
- It impacts daily contracting by allowing deviations from standard procedures, such as simplified acquisition thresholds and reduced competition requirements.
- Common pitfalls include failure to properly document the use of flexibilities or misunderstanding the scope of permissible deviations.