FAR 18.101—General.
Plain-English Summary
FAR 18.101 is the gateway provision for the FAR’s acquisition flexibilities in Part 18, which addresses how agencies can speed up or adapt procurements when certain conditions are present. This section explains that the flexibilities in Part 18 are available to the contracting officer when the applicable conditions are met, and it makes clear that these flexibilities are not limited to situations involving an emergency declaration or a designation of contingency operation. In practical terms, the section tells contracting officers and contractors that special acquisition tools may be used in a broader set of circumstances than formal emergency or contingency scenarios, but only when the specific regulatory conditions for the particular flexibility are satisfied. The section’s purpose is to prevent confusion about when Part 18 authorities apply and to reinforce that each flexibility has its own trigger, scope, and limits. For acquisition professionals, this means the focus is not on whether a crisis has been formally declared, but on whether the facts and the FAR provisions supporting the chosen flexibility are actually present.
Key Rules
Part 18 flexibilities exist
The FAR provides a range of acquisition flexibilities in Part 18. These are special tools intended to help the government respond more efficiently when the conditions for their use are met.
Conditions must be satisfied
A contracting officer may use these flexibilities only when the applicable regulatory conditions are met. The section does not create a blanket authority to bypass normal acquisition rules.
No emergency declaration required
The availability of Part 18 flexibilities does not depend on an emergency declaration. Agencies do not need a formal emergency finding before using these authorities, if the underlying FAR conditions are otherwise satisfied.
No contingency designation required
The flexibilities also do not require a designation of contingency operation. They may apply outside contingency environments, so long as the specific Part 18 criteria are met.
Responsibilities
Contracting Officer
Determine whether the conditions for a particular Part 18 flexibility are present before using it, and apply the flexibility only within the limits of the governing FAR provision.
Agency
Provide acquisition personnel with the policies, procedures, and oversight needed to ensure Part 18 flexibilities are used appropriately and consistently with the FAR.
Contractor
Understand that special acquisition procedures may be used when the FAR conditions are met, and respond accordingly to solicitations, awards, or modifications issued under those flexibilities.
Practical Implications
This section is a threshold reminder: before relying on a Part 18 flexibility, the contracting officer must identify the specific authority and confirm its conditions are met.
A common pitfall is assuming that special acquisition procedures require a declared emergency or contingency operation; FAR 18.101 says they do not.
Another risk is treating Part 18 as a general waiver of procurement rules. It is not—each flexibility has its own requirements and limits.
Contractors should not assume a procurement is improper just because it uses expedited or unusual procedures; the key question is whether the FAR authority was properly applied.
For contracting officers, documentation matters: the file should show why the chosen flexibility was available and how the conditions were satisfied.
Official Regulatory Text
The FAR includes many acquisition flexibilities that are available to the contracting officer when certain conditions are met. These acquisition flexibilities do not require an emergency declaration or designation of contingency operation.