FAR 18.2—Subpart 18.2

Contingency operation.

FAR 18.201 explains how certain acquisition thresholds and streamlined buying authorities can be expanded when supplies or services are being acquired to support a contingency operation. It covers five specific topics: the definition of contingency operation by reference to FAR 2.101, the increased micro-purchase threshold, the increased simplified acquisition threshold, the ability to use SF 44 at higher dollar limits, and the ability to raise the dollar limits for simplified procedures for certain commercial products and commercial services. The purpose of the section is to give agencies more buying flexibility in urgent, operational environments where speed and mission support matter more than normal peacetime procurement limits. In practice, this means contracting officers and other authorized buyers may be able to use faster, less formal methods and higher thresholds, but only when the agency head has made the required determination that the acquisition supports a contingency operation. Contractors should understand that these authorities can change how quickly purchases are made and what documentation or competition procedures apply, but they do not eliminate all procurement rules or oversight.

Defense or recovery from certain events.

FAR 18.202 explains special acquisition flexibilities that can be used when the government is responding to or preparing for certain high-impact events. It covers five related topics: increases to the micro-purchase threshold, increases to the simplified acquisition threshold, authority to treat an acquisition as commercial products or commercial services, increased limits for simplified procedures for certain commercial acquisitions, and encouragement to buy sustainable products and services. The triggering events are defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; provision of international disaster assistance; and response to an emergency or major disaster. In practice, this section gives agencies faster and more flexible buying tools when speed and responsiveness matter more than ordinary procurement procedures. It also makes clear that these flexibilities are not automatic: they depend on a determination by the head of the agency, and each authority has its own scope and limits. For contractors, this can mean quicker awards, different competition and documentation rules, and in some cases treatment of an acquisition as commercial even if it would not otherwise qualify. For contracting officers, it is a reminder to verify the required determination and apply the correct authority before using the expanded thresholds or procedures.

Emergency declaration or major disaster declaration.

FAR 18.203 addresses two emergency-related contracting topics. First, it explains that when the President has issued a Stafford Act declaration for a major disaster or emergency, agencies should give preference to local organizations, firms, and individuals when buying major disaster or emergency assistance activities; that preference can be implemented through local area set-asides or an evaluation preference, and the rule points readers to FAR 6.208 and FAR subpart 26.2 for the related procedures. Second, it notes that the Cargo Preference Act of 1954, which normally requires ocean transportation on U.S.-flag vessels, may be waived in emergency situations, with the implementing reference in FAR 47.502(c). In practice, this section gives contracting officers flexibility to speed relief and recovery efforts while still following the special rules that apply in disaster response. It matters because emergency acquisitions often need to balance urgency, local economic support, and statutory transportation requirements that may be relaxed only under specific emergency conditions.

Humanitarian or peacekeeping operation.

FAR 18.204 is a short but important special-rule section that addresses two related topics: the definition of a humanitarian or peacekeeping operation and the effect of that designation on the simplified acquisition threshold. In practice, it tells contracting personnel to look to FAR 2.101 for the meaning of “humanitarian or peacekeeping operation,” and it authorizes a higher simplified acquisition threshold when the head of the agency determines that the supplies or services will support such an operation. The section exists to give agencies faster, more flexible buying authority in urgent or contingency environments where normal procurement thresholds may be too low for the mission. For contractors, this can mean larger purchases may be made using simplified procedures, which can affect competition, speed, documentation, and the way opportunities are solicited. For contracting officers and acquisition planners, the key practical issue is confirming that the statutory/regulatory conditions for the increased threshold are actually met before relying on it.

Resources.

FAR 18.205 is a reference-and-resource provision within the FAR’s emergency acquisition framework. It does not create a procurement method or impose detailed procedural requirements; instead, it points contracting personnel to two key guidance sources used during emergency and disaster-related acquisitions: the National Response Framework (NRF) and the Office of Federal Procurement Policy (OFPP) Emergency Acquisitions Guide. The NRF explains the national all-hazards response structure, including the roles of local communities, States, the Federal Government, the private sector, and nongovernmental partners, and it highlights circumstances where the Federal Government takes a larger role, such as incidents involving Federal interests or catastrophic events requiring major State support. The OFPP guide provides acquisition-specific guidance for emergency situations. In practice, this section matters because emergency contracting often happens under time pressure, with heightened coordination needs and unusual authorities, so contracting officers and program officials need to understand the broader response framework as well as the procurement guidance that supports rapid, lawful action.