Overview
FAR 18.202 provides specialized procurement flexibilities and increased spending thresholds when the head of an agency determines that supplies or services are needed for defense against or recovery from specific attacks (cyber, nuclear, biological, chemical, or radiological) or for disaster and emergency assistance.
Key Rules
- Threshold Increases: Both the Micro-purchase threshold (MPT) and the Simplified Acquisition Threshold (SAT) are increased for acquisitions facilitating defense or recovery from the specified events.
- Commercial Treatment: Contracting officers may treat any acquisition as a commercial product or service if it supports defense or recovery from a cyber, nuclear, biological, chemical, or radiological attack, regardless of its actual commercial status.
- Simplified Procedures (FAR 13.5): The dollar limits for using simplified procedures for certain commercial products and services are increased under these emergency conditions.
- Sustainability Waiver: While sustainable procurement is generally required, it becomes encouraged rather than mandatory when the agency head determines the acquisition is for these specific defense or recovery purposes.
- Triggering Authority: These flexibilities are not automatic; they require a determination by the head of the agency that the acquisition is tied to a qualified emergency, disaster, or attack.
Practical Implications
- Accelerated Procurement: Contracting officers can bypass more time-consuming full-and-open competition requirements by using simplified acquisition procedures for much higher contract values during a crisis.
- Regulatory Relief: By treating non-commercial items as commercial products, the government can use streamlined FAR Part 12 procedures, reducing the administrative burden on both the agency and the contractor during time-sensitive recovery efforts.