FAR 18.001—Definition.
Plain-English Summary
FAR 18.001 defines the term “emergency acquisition flexibilities” for use in FAR Part 18, which governs emergency acquisitions. This definition identifies the specific situations in which an executive agency may use special acquisition flexibilities: support of a contingency operation, defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States, support for a request from the Secretary of State or the Administrator of USAID to provide international disaster assistance, and situations where the President issues an emergency declaration or a major disaster declaration. The section also makes clear that these flexibilities apply only to acquisitions of supplies or services by or for an executive agency and only when the head of the executive agency determines they may be used. In practice, this definition matters because it sets the threshold for when agencies may rely on expedited or otherwise relaxed acquisition procedures under Part 18. Contractors and contracting officers must understand that this is not a blanket emergency authority; it is a defined term that limits when special rules can be invoked and helps ensure those flexibilities are used only in authorized emergency contexts.
Key Rules
Defined emergency flexibilities
The term refers to acquisition flexibilities provided under FAR Part 18. It is a defined category, not a general permission to bypass normal procurement rules.
Applies to supplies and services
The flexibilities cover acquisitions of supplies or services by or for an executive agency. The definition does not extend beyond those acquisition types.
Agency head determination required
The head of the executive agency must determine that the flexibilities may be used. This means the authority is not automatic and must be affirmatively approved at the agency level.
Contingency operations
The flexibilities may be used in support of a contingency operation as defined in FAR 2.101. That cross-reference is part of the scope of the definition and must be checked when relying on this authority.
Cyber, nuclear, biological, chemical, radiological defense
The definition includes acquisitions needed to facilitate defense against or recovery from these types of attacks against the United States. This covers both response and recovery activities tied to those threats.
International disaster assistance
The flexibilities may be used when the Secretary of State or the USAID Administrator requests support to facilitate international disaster assistance. The request from one of those officials is a required trigger for this category.
Presidential emergency or disaster declaration
The flexibilities also apply when the President issues an emergency declaration or a major disaster declaration. This ties the authority to formal presidential action under the applicable disaster framework.
Responsibilities
Head of an executive agency
Determine whether emergency acquisition flexibilities may be used for the acquisition. This determination is the gateway to using the Part 18 flexibilities.
Contracting officer
Apply the definition correctly, confirm that the acquisition fits one of the listed emergency situations, and ensure any use of Part 18 flexibilities is supported by the required agency determination and underlying trigger.
Agency acquisition personnel
Identify whether the procurement is for supplies or services and whether it falls within one of the four listed emergency scenarios. They must route the matter for the proper determination and document the basis for using emergency procedures.
Secretary of State or USAID Administrator
When international disaster assistance is involved, make the request that can trigger use of these flexibilities for that category of support.
President
Issue an emergency declaration or major disaster declaration, which can serve as the trigger for use of emergency acquisition flexibilities under this definition.
Contractor
Recognize that emergency flexibilities may affect solicitation timing, competition, and contract administration, and be prepared to respond quickly while still complying with the terms actually issued by the agency.
Practical Implications
This definition is the threshold question for using FAR Part 18 authorities, so contracting officers should verify the trigger before relying on any emergency flexibility.
A common pitfall is assuming that any urgent need qualifies; the acquisition must fit one of the specific categories and be supported by the agency head’s determination.
Another frequent issue is overlooking the cross-reference to FAR 2.101 for contingency operations, which can lead to misapplication of the authority.
For international disaster assistance, the authority depends on a request from the Secretary of State or USAID Administrator, so agencies should not treat internal urgency alone as sufficient.
Contractors should expect faster procurement actions in these situations, but they should still review the solicitation and contract carefully because emergency flexibilities do not eliminate all requirements or protections.
Official Regulatory Text
Emergency acquisition flexibilities , as used in this part, means flexibilities provided with respect to any acquisition of supplies or services by or for an executive agency that, as determined by the head of an executive agency, may be used- (a) In support of a contingency operation as defined in 2.101 ; (b) To facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (c) In support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance; or (d) When the President issues an emergency declaration, or a major disaster declaration.