FAR 18.202—Defense or recovery from certain events.
Plain-English Summary
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.
Key Rules
Micro-purchase threshold may increase
The micro-purchase threshold can be raised when the head of the agency determines the supplies or services will be used for defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, for international disaster assistance, or for response to an emergency or major disaster. This allows very small buys to be handled more quickly under the higher threshold authorized by the definition in FAR 2.101.
Simplified acquisition threshold may increase
The simplified acquisition threshold may also be increased for the same categories of events and missions. This gives contracting officers more room to use simplified acquisition procedures for larger purchases when speed and operational urgency are important.
Commercial treatment authority
For acquisitions used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack, the contracting officer may treat supplies or services as commercial products or commercial services if the head of the agency makes the required determination. This authority is tied to FAR 12.102(f)(1) and 13.500(c), and it can expand the use of commercial-item procedures.
Simplified procedures for certain commercial buys
The threshold limits for using simplified procedures for certain commercial products and commercial services may be increased when the acquisition supports defense or recovery from cyber, nuclear, biological, chemical, or radiological attack, international disaster assistance, or response to an emergency or major disaster. This is a targeted flexibility for urgent commercial buying.
Sustainable products encouraged
Contracting officers are encouraged, but not required, to procure sustainable products and services when the head of the agency determines the acquisition is for one of the covered defense, disaster assistance, or emergency response purposes. This is a preference, not a mandate, and it operates alongside the emergency flexibilities in FAR 23.106(c).
Agency determination is essential
Each expanded authority depends on a determination by the head of the agency. Without that determination, the special thresholds, commercial treatment, or simplified procedures in this section should not be used.
Responsibilities
Head of the Agency
Make the required determination that the acquisition is for one of the covered purposes before the special threshold increases, commercial-item treatment, or simplified procedure flexibilities are used. This determination is the legal trigger for the authorities in this section.
Contracting Officer
Apply the correct authority only after the required agency determination is in place, then use the increased thresholds or commercial-item/simplified procedures as permitted. The contracting officer should also consider, but is not required to procure, sustainable products and services when the section applies.
Agency
Ensure internal policies and approval processes support timely determinations and proper use of the emergency flexibilities. The agency should also align acquisition planning, documentation, and oversight with the applicable FAR references in 2.101, 12.102, 13.500, and 23.106.
Contractor
Be prepared for faster procurement actions, potentially different solicitation formats, and commercial-item treatment in qualifying situations. Contractors should understand that these flexibilities are event-specific and depend on agency determinations, not contractor request alone.
Practical Implications
This section is mainly about speed and flexibility in urgent or high-risk situations, so it can shorten buying timelines and reduce procedural burden.
A common pitfall is assuming the special thresholds apply automatically; they do not unless the head of the agency has made the required determination.
Contracting officers should document the basis for using the authority and confirm which event category applies, because the rules differ slightly depending on whether the action involves disaster assistance, emergency response, or cyber/CBRN defense or recovery.
For commercial-item treatment, the authority is narrower than the threshold increases: it applies specifically to acquisitions used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack.
The sustainability language is permissive, not mandatory, so officers should not treat it as a required green procurement rule in these emergency contexts.
Official Regulatory Text
(a) Micro-purchase threshold. The threshold increases when the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (See 2.101 .) (b) Simplified acquisition threshold. The threshold increases when the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (See 2.101 .) (c) Commercial product or commercial service treatment. Contracting officers may treat any acquisition of supplies or services as an acquisition of commercial products or commercial services if the head of the agency determines the acquisition is to be used to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack. (See 12.102 (f)(1) and 13.500 (c).) (d) Simplified procedures for certain commercial products and commercial services. The threshold limits authorized for use of this authority may be increased when it is determined the acquisition is to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (See 13.500 (c).) (e) Sustainable products and services. Contracting officers are encouraged, but not required, to procure sustainable products and services if the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster (see 23.106 (c)).