FAR 18.108—Qualifications requirements.
Plain-English Summary
FAR 18.108 addresses a narrow but important emergency exception to qualification requirements. It states that agencies may decide not to enforce qualification requirements when an emergency exists, and it points readers to FAR 9.206-1 for the related rules. In practice, this means that when urgent circumstances make it impractical to wait for a contractor to obtain or demonstrate a required qualification, the agency can proceed without insisting on that requirement. The section is designed to preserve mission continuity and speed in emergencies while recognizing that qualification requirements normally protect the Government by ensuring contractors meet established standards. It matters because it gives contracting officials flexibility, but only in the limited context of an emergency and only in a way that should be consistent with the qualification-system rules in Part 9.
Key Rules
Emergency exception only
Agencies may choose not to enforce qualification requirements only when an emergency exists. This is not a general waiver authority for convenience or schedule pressure; it is tied to urgent circumstances that justify immediate action.
Qualification requirements may be bypassed
The rule allows the agency to proceed without applying otherwise applicable qualification requirements. In effect, the Government can accept performance or award without waiting for the contractor to satisfy the normal qualification process.
Cross-reference to Part 9
This section directs users to FAR 9.206-1, which contains the related policy and procedures for qualification requirements. The cross-reference signals that the emergency decision should be read together with the broader qualification framework in Part 9.
Responsibilities
Agency
Determine whether an emergency exists and decide whether to enforce qualification requirements in that situation. The agency must use this authority only when the emergency justifies relaxing the normal qualification rule.
Contracting Officer
Apply the agency’s emergency determination in the acquisition process and ensure the action is consistent with the qualification rules referenced in FAR 9.206-1. The contracting officer should document and implement the decision in a way that supports the urgent procurement need.
Contractor
Understand that qualification requirements may be waived or not enforced in an emergency, but otherwise remain subject to the normal qualification regime. The contractor should still be prepared to meet any other applicable solicitation, performance, or responsibility requirements.
Practical Implications
This provision is mainly about speed: in an emergency, the Government can avoid delays caused by qualification testing, approval, or certification steps.
A common pitfall is treating this as a broad waiver authority; it is limited to emergencies and should not be used simply to accelerate a routine procurement.
Contracting personnel should still check whether other laws, regulations, or contract requirements remain applicable even if qualification requirements are not enforced.
Contractors should not assume that an emergency exception means they are exempt from all standards; it only affects qualification requirements, not overall responsibility or performance obligations.
Because the section points to FAR 9.206-1, users should review that provision before relying on this authority to ensure the emergency action fits the broader qualification policy.
Official Regulatory Text
Agencies may determine not to enforce qualification requirements when an emergency exists. (See 9.206-1 .)