Overview
FAR Subpart 18.1 identifies a suite of pre-existing acquisition flexibilities available to Contracting Officers (COs) to streamline procurement during urgent or emergency circumstances. Unlike other emergency provisions, the flexibilities listed in this subpart do not require a formal emergency declaration or a specific "contingency operation" designation to be utilized, provided the underlying conditions for their use are met.
Key Rules
- SAM Registration: Contractors are not required to be registered in the System for Award Management (SAM) at the time of offer submission for contracts involving unusual and compelling urgency, military operations, or emergency operations. However, they must be registered to access the Disaster Response Registry.
- Public Notice & Competition: COs may skip the requirement to synopsis (advertise) a contract action and may limit the number of sources (bypassing full and open competition) when "unusual and compelling urgency" exists and the Government would be seriously injured by delays.
- Prioritizing Speed: Agencies may use oral requests for proposals (RFPs), letter contracts (to allow work to start immediately), and may waive mandatory sources like Federal Prison Industries (FPI) if immediate delivery is required.
- Socio-Economic Sole Sourcing: The subpart reinforces authorities to award sole-source contracts to 8(a) participants, HUBZone small businesses, Service-Disabled Veteran-Owned Small Businesses (SDVOSB), and Women-Owned Small Businesses (WOSB) to expedite awards.
- Financial & Administrative Relief:
- Overtime: Can be approved retroactively if justified by emergencies.
- Bid Guarantees: Can be waived for emergency acquisitions by the chief of the contracting office.
- Payments: Electronic Funds Transfer (EFT) requirements can be waived, and advance payments may be authorized to facilitate national defense.
- Protests: The Head of the Contracting Activity can override a GAO protest stay if urgent and compelling circumstances dictate that the procurement must proceed.
Responsibilities
- Contracting Officers (COs):
- Determining when "unusual and compelling urgency" justifies limiting competition or skipping synopses.
- Consulting the Disaster Response Registry for debris removal or relief activities.
- Authorizing oral RFPs and executing letter contracts.
- Head of the Contracting Activity (HCA): Responsible for authorizing "protest overrides," allowing contract performance to continue despite a GAO protest.
- Chief of the Contracting Office: Responsible for waiving bid guarantee requirements for emergency acquisitions.
- Agencies: Responsible for determining whether to waive qualification requirements or FPI mandatory purchase requirements during exigencies.
Practical Implications
- Mission First, Compliance Second: This subpart provides the legal "safety valves" that allow COs to prioritize mission-critical speed over standard administrative timelines. In a real-world disaster or urgent military need, a CO can legally award a contract in hours or days rather than months.
- Justification Requirements: While these flexibilities waive the procedure, they do not waive the rationale. COs must still document the "unusual and compelling urgency" via a Justification and Approval (J&A) to defend the use of non-competitive procedures.
- Market Research via Registry: For disaster relief (like hurricane cleanup), the FAR mandate to check the Disaster Response Registry ensures that local and specialized firms are prioritized and vetted quickly.
- Risk Management: Using "Letter Contracts" or waiving bid guarantees increases the government's financial risk. These tools are intended for high-stakes scenarios where the risk of delay outweighs the financial risk of streamlined administration.