Overview
Subpart 18.2 provides specific acquisition flexibilities and increased threshold authorizations triggered by emergency circumstances, such as contingency operations, major disasters, or attacks on the United States. It serves as a regulatory "emergency brake," allowing the government to bypass standard procurement timelines and procedures to ensure the rapid delivery of critical supplies and services.
Key Rules
- Threshold Increases: The Micro-purchase Threshold (MPT) and Simplified Acquisition Threshold (SAT) are significantly increased when the Head of the Agency determines the procurement supports contingency operations, humanitarian missions, or recovery from CBRN (chemical, biological, radiological, or nuclear) attacks.
- Commercial Treatment: For defense against or recovery from cyber, nuclear, biological, chemical, or radiological attacks, the Head of the Agency may treat any acquisition as a "commercial product or commercial service," regardless of its actual market status, to leverage FAR Part 12's streamlined procedures.
- Stafford Act Preference: When a major disaster or emergency is declared by the President, agencies must give preference to local organizations and firms within the affected area through set-asides or evaluation preferences.
- Sustainability Waivers: While sustainable procurement is generally mandated, it becomes "encouraged but not required" during emergency response and disaster recovery to prevent delays.
- SF 44 Flexibility: The SF 44 (Purchase Order-Invoice-Voucher) dollar limitations—typically restricted to micro-purchases—can be increased by agencies for contingency operations.
- Cargo Preference: Requirements to use U.S. flag vessels for ocean transportation can be waived in emergency situations to expedite logistics.
Responsibilities
- Head of the Agency:
- Determines if the supplies or services are being used to support specific emergency operations (contingency, disaster, or CBRN defense).
- Authorizes the use of commercial product treatment for non-commercial items in CBRN/Cyber attack scenarios.
- Contracting Officer (CO):
- Applies the increased MPT and SAT thresholds to specific requirements.
- Implements local area set-asides or evaluation preferences under the Stafford Act.
- Exercises discretion regarding the procurement of sustainable products during emergencies.
- The President: Responsible for declaring a major disaster or emergency under the Stafford Act, which triggers specific local preference rules.
- OFPP/FEMA: Provide the "Emergency Acquisitions Guide" and the "National Response Framework" (NRF), respectively, which COs must use as guiding resources.
Practical Implications
- Reduced Administrative Burden: By raising the SAT, more acquisitions can be conducted using Simplified Acquisition Procedures (FAR Part 13), which reduces the need for formal source selection plans, lengthy solicitation periods, and extensive documentation.
- Speed of Award: The ability to treat complex, non-commercial items as "commercial" during a CBRN or cyber event allows the government to use "best value" or "lowest price technically acceptable" methods common in the commercial marketplace, drastically shortening the lead time for high-tech defense tools.
- Economic Support for Disaster Zones: The Stafford Act provisions ensure that federal recovery dollars remain in the local economy, prioritizing local contractors who are often the first responders on the ground.
- Credit Card Usage: Increased micro-purchase thresholds mean that Government Purchase Card (GPC) holders can make much larger immediate buys without the need for competitive quotes, providing instant liquidity in a crisis.