FAR Part 18

Question 1

Part 18

Answer 1

Emergency Acquisitions

Question 2

Part 18 - Emergency Acquisitions

Slide 29: Overview of Part 18

Answer 2

Purpose: Provides agencies with flexibilities to respond to
emergencies efficiently (FAR 18.000).

KeySections:
* 18.1: Available Acquisition Flexibilities (FAR 18.101).
* 18.2: Emergency Acquisition Flexibilities (FAR 18.201).

Question 3

Part 18 - Emergency Acquisitions

Subpart 18.1 - Available Acquisition Flexibilities

Answer 3

Purpose: Lists acquisition flexibilities that can be used to expedite
procurements (FAR 18.101).

Benefits: Allows for expedited contracting, simplified processes, and reduced administrative requirements (FAR 18.102).

Question 4

Part 18 - Emergency Acquisitions

Subpart 18.2 - Emergency Acquisition Flexibilities

Answer 4

Purpose: Details specific flexibilities applicable in emergency
situations (FAR 18.201).

Benefits: Includes streamlined procedures, increased thresholds, and waivers of certain requirements (FAR 18.202).

Question 5

Use of Acquisition Flexibilities

FAR Part 18 describes specific techniques and procedures that can be used to streamline the acquisition process in an
emergency.

Answer 5

The requirements and limitations prescribed by FAR Part 3 (Improper Business Practices and Personal Conflict of Interest) are not waived,
even in an
emergency.

The flexibilities listed in FAR 18.1 are generally available when there is an urgent or compelling need for an acquisition, or for work to begin immediately.

The flexibilities listed in FAR 18.2 are only available under prescribed circumstances such as a declared disaster.

Question 6

Available Acquisition Flexibilities

The flexibilities listed in FAR 18.1

Answer 6

are generally available when there is an urgent or compelling need for an acquisition, or for work to begin immediately.

System for Award Management
Contractors are not required to be
registered in SAM for contracts to support emergency acquisitions.

Limitation of Sources or Competition
Agencies may limit the number of sources and full and open competition need not be provided for contracting actions involving urgent requirements.

Federal Prison Industries and AbilityOne
Purchase from FPI is not mandatory and a waiver is not required. Contracting officers do not need to notify when changes in AbilityOne specifications are required

LetterContracts
Letter contracts may be used when contract performance must begin immediately.

Streamlined Small Business Programs
Contracts may be awarded for performance by eligible 8(a) or WOSB firms on either a sole source or competitive basis, or to HUBZone or SDVOSB firms on a sole source basis.

Question 7

Available Acquisition Flexibilities

Answer 7

The flexibilities listed in FAR 18.1 are generally available when
there is an urgent or compelling need for an acquisition, or for work to begin immediately.

The generally available acquisition flexibilities are listed in the
FAR at subparts 18.102 through 18.127, and mentioned in the FAR areas to which they apply.

Question 8

Emergency Acquisition Flexibilities

The flexibilities listed in FAR 18.2 are only available under prescribed circumstances such as a declared disaster.

Contingency operation

Answer 8

A military operation that is designated by the Secretary of Defense as an operation
in which members of the armed forces are or may become involved in military
actions, operations, or hostilities against an enemy of the United States or against an opposing military force

A military operation that results in the call or order to, or retention on, active duty of members of the uniformed services under any provision of law during a war or
during a national emergency declared by the President or Congress

Question 9

Emergency Acquisition Flexibilities

For acquisitions to support a contingency operation or to
facilitate defense against or recovery from nuclear, biological, chemical or radiological attack:

Answer 9

Micropurchase Threshold

$20,000 for any contract to be awarded and performed, or purchase to be made, inside the
United States

Question 10

Emergency Acquisition Flexibilities

For acquisitions to support a contingency operation or to
facilitate defense against or recovery from nuclear, biological, chemical or radiological attack:

Answer 10

Micropurchase Threshold

$35,000 for any contract to be awarded and performed, or
purchase to be made, outside the United States

Question 11

Emergency Acquisition Flexibilities

For acquisitions to support a contingency operation or to
facilitate defense against or recovery from nuclear, biological, chemical or radiological attack:

Answer 11

Simplified Acquisition Threshold

$800,000 for any contract to be awarded and performed, or
purchase to be made, inside the United States

Question 12

Emergency Acquisition Flexibilities

For acquisitions to support a contingency operation or to
facilitate defense against or recovery from nuclear, biological, chemical or radiological attack:

Answer 12

Simplified Acquisition Threshold

$1.5million for any contract to be
awarded and performed, or
purchase to be made, outside the United State

Question 13

Emergency Acquisition Flexibilities

For acquisitions to support a contingency operation or to
facilitate defense against or recovery from nuclear, biological, chemical or radiological attack:

Answer 13

Simplified Acquisition Threshold for Certain Commercial Items

$15 million, including options, if the contracting officer reasonably
expects that offers will include only commercial items

Question 14

Emergency Acquisition Flexibilities

For acquisitions to support a contingency operation or to
facilitate defense against or recovery from nuclear, biological, chemical or radiological attack:

Answer 14

Use of the SF44 Purchase Order-Invoice-Voucher

May be used for contracts in
excess of the micropurchase threshold

Question 15

Emergency Acquisition Flexibilities

Humanitarian or peacekeeping operation

Answer 15

A military operation in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under Chapter VI or VI of the Charter of the United Nations

Simplified Acquisition Threshold
$800,000 for any contract to be awarded and performed, or purchase ot be made, outside the United States

Question 16

Emergency Acquisition Flexibilities

For disaster or emergency assistance activities, preference wil be given to local organizations, firms, and individuals when contracting for major disaster or emergency assistance activities when the President has made

Answer 16

a declaration under
the Robert .T Stafford Disaster Relief and Emergency Assistance Act.

Preference may take the form of local area set-asides or an evaluation preference

Question 17

Resources

Answer 17

National Response Framework

http://www.fema.gov /national-response-framework

Comprehensive, national, all-hazards approach to domestic incident response

Identifies key response principles, roles, and structures

Question 18

Resources

Answer 18

OFPPEmergencyAcquisitionsGuide

https://obamawhitehouse.archives.gov/sites/default/files/omb/assets/procurement_guidesemergency_acquisitions_guide.pdf

Describes strategies for effective acquisition planning and
provides a list of flexibilities available when contracting during emergencies

Question 19

FAR PART 18. EMERGENCY
ACQUISITIONS

This section of the FAR provides a consolidated listing of flexibilities that are available for emergency acquisitions.

Answer 19

These acquisition flexibilities are NOT exempt from the requirements and limitations stemming from FAR part 3 (Improper Business Practices and Personal Conflicts of Interests).

These flexibilities are specific t
Techniques or procedures that may be used to streamline the standard acquisition process and include generally available flexibilities and emergency acquisition flexibilities that are available only under prescribed

Question 20

Contractors are not required to be registered in the

Answer 20

System for Award Management (SAM) at the time of submission of offers or quotations for contracts awarded without full and open competition due to unusual and compelling urgency; or contracts awarded by a contracting officer deployed in a military operation or located outside the US for work to be performed in support of diplomatic or developmental operations designated for danger pay; or in the conduct of emergency

However, contractors are required to be registered in SAM to gain access to the Disaster Response Registry which contracting officers use to determine availability of contractor for debris removal, supply distribution, reconstruction, and other disaster or emergency relief activities inside the US.

Question 21

Contracting officers do not have to synopsize a requirement

Answer 21

if there is an unusual and compelling urgency and the government would be seriously injured by complying with the notice time periods. (FAR 5.202(a)(2))

Question 22

Agencies may limit sources and/or full and open competition

Answer 22

when the requirement is urgent.
(FAR 6.302-2)

Question 23

Contracting officers may take advantage of

Answer 23

preexisting Federal Supply Schedules, multiagency blanket purchase agreements, and multiagency indefinite-delivery contracts to streamline the contracting process. (FAR
8.405-3(a)(6) and 16.505(a)(7))

Question 24

Contracting officers need not comply with the requirement for

Answer 24

90-day advance notification to AbilityOne when changes to specifications of items on the Procurement List are needed to meet an emergency need. (FAR

Question 25

Agencies may make use

Answer 25

of the Defense Priorities and Allocations System (DPAS), as appropriate.
(FAR

Question 26

When under the simplified acquisition threshold,

Answer 26

contracting officers may solicit from a single source under certain circumstances. (FAR
13.106-1(b)).

Question 27

Certain requirements related to trade

Answer 27

agreements are waived when contracts are awarded without full and open competition. (FAR 25.401(a)(5))

Question 28

Flexibility summaries

Answer 28

Public Law 85-804 authorizes extraordinary contractual actions to facilitate the national defense, including the modification of contracts without consideration, correcting or mitigating mistakes in a contract, and formalizing informal commitments. (FAR 50.1)

Federal Prison Industries is not considered a required source when public exigency requires immediate performance. (FAR 8.605(b))

Agencies may relax or not enforce qualification requirements when an emergency exists. (FAR
9.206-1)

Contracting officers may utilize both verbal requests for proposals and letter contracts. (FAR
15.203(f) and 16.603)

Agencies may employ interagency acquisition.
(FAR 17.5)

Agencies may take advantage of streamlined small business programs, including 8(a) awards and sole-source awards to historically underutilized business zone (HUBZone) or service-disabled-veteran-owned small business concerns. (FAR 19.8, 19.1306, 19.1406, and 19.15)

Contracts may be awarded to economically disadvantaged women-owned small business
(EDWOSB) concerns and women-owned small business (WOSB) concerns eligible under the
WOSB Program on a competitive or sole source basis. (See subpart 19.15.)

Contracting officers may retroactively approve overtime. (FAR

Question 29

This subpart summarizes additional acquisition flexibilities that relate to the method of acquisition.Per FAR 2.101, a contingency operation is defined as a military operation that

Answer 29

1. Is designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or
2. Results in the call or order to, or retention of, active duty of members of the uniformed services under section 688, 12301(a), 12302, 12304, 12305, or 12406 of 10 U.S.C., Chapter 15 of 10 U.S.C., or any other provision of law during a war or during a national emergency declared by the president or