FAR 18—Emergency Acquisitions

Scope of part.

FAR 18.000 explains what Part 18 is for and how it fits into the acquisition system. It identifies the acquisition flexibilities available for emergency acquisitions, including both generally available streamlining techniques and special emergency-only flexibilities that may be used only when the prescribed conditions are met. It also makes clear that these flexibilities do not override the ethics and integrity rules in FAR Part 3, including restrictions on improper business practices and personal conflicts of interest. Finally, it recognizes that executive agencies may authorize additional flexibilities in their own FAR supplements. In practice, this section tells contracting personnel that emergency buying authority is about faster procedures, not a waiver of core procurement integrity requirements, and that agencies may layer on more specific internal authorities where permitted.

Subpart 18.1

Definition.

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.

Subpart 18.2