Defense or recovery from certain events
FAR 18.202 allows increased acquisition thresholds and streamlined procedures for contracts supporting defense or recovery from major emergencies or attacks, enabling faster and more flexible procurement.
Overview
FAR 18.202 provides special acquisition flexibilities for government contracts when responding to certain critical events, such as cyber, nuclear, biological, chemical, or radiological attacks, international disasters, or major emergencies. The regulation allows for increased micro-purchase and simplified acquisition thresholds, and permits contracting officers to treat certain acquisitions as commercial products or services, streamlining procurement processes. These flexibilities are activated when the head of the agency determines that the supplies or services are necessary for defense or recovery from the specified events. Additionally, contracting officers are encouraged to consider sustainable products and services in these situations, though this is not mandatory.
Key Rules
- Increased Micro-Purchase Threshold
- The micro-purchase threshold is raised for acquisitions supporting defense or recovery from specified critical events, or for international disaster assistance and emergency response.
- Increased Simplified Acquisition Threshold
- The simplified acquisition threshold is also increased under the same circumstances as above.
- Commercial Item Treatment
- Acquisitions for defense or recovery from certain attacks may be treated as commercial products or services, allowing for simplified procedures.
- Expanded Simplified Procedures for Commercial Products/Services
- Thresholds for using simplified procedures for commercial products/services may be increased for qualifying events.
- Sustainable Products and Services Encouraged
- Contracting officers are encouraged, but not required, to procure sustainable products/services in these situations.
Responsibilities
- Contracting Officers: Must apply increased thresholds and commercial item flexibilities when authorized, and are encouraged to consider sustainability.
- Contractors: Should be aware of increased thresholds and streamlined procedures for qualifying acquisitions.
- Agencies: The head of the agency must make determinations to activate these flexibilities and document the justification.
Practical Implications
- This section enables faster, more flexible procurement in response to emergencies or critical events, reducing administrative burden and speeding delivery of needed supplies/services.
- Contractors may see more opportunities and faster awards during emergencies, but must ensure compliance with any special procedures or documentation requirements.
- Common pitfalls include failing to obtain or document the required agency head determination, or misunderstanding which thresholds and flexibilities apply.