Overview
FAR 18.108 provides federal agencies with the discretionary authority to waive the enforcement of formal qualification requirements during emergency situations.
Key Rules
- Discretionary Waiver: Contracting officers and agencies have the authority to decide not to enforce established qualification requirements when an emergency exists.
- Regulatory Cross-Reference: This flexibility is governed by the standards and procedures found in FAR 9.206-1, which details the conditions under which these requirements may be waived.
Practical Implications
- Increased Speed: This rule allows the government to expedite the procurement process by bypassing lengthy pre-qualification procedures (such as Testing or Quality Requirements) to ensure rapid response to a crisis.
- Broader Competition: It enables agencies to award contracts to capable vendors who may not yet be on a Qualified Products List (QPL) or Qualified Manufacturers List (QML) but are needed to meet immediate emergency needs.