Understanding the FAR: A Beginner’s Guide to Government Contracting (Part 18)

View Previous FAR Breakdowns

Government contracting doesn’t stop when emergencies strike—in fact, it often intensifies. When unforeseen disasters, national emergencies, or urgent public needs arise, the government must move quickly to secure the necessary goods and services. That’s where Part 18: Emergency Acquisitions of the Federal Acquisition Regulation (FAR) comes into play. Part 18 allows for more flexible and expedited procurement methods to respond rapidly in times of crisis.

Part 18: Emergency Acquisitions

Part 18 of the FAR outlines the streamlined procedures and exemptions the government can use during emergencies. The goal is to facilitate timely and efficient acquisitions in response to urgent needs, such as disaster relief, military operations, public health emergencies, and national security events.

Emergency acquisitions allow contracting officers to waive or modify standard procedures that could slow down the process during times of crisis. These methods help ensure that the government can quickly acquire the supplies, services, or construction needed to protect public health, welfare, and safety.

Subpart 18.1 – Available Acquisition Flexibilities

Expedited Procedures: The FAR allows for several acquisition flexibilities to expedite contracting in emergencies, including:

• Simplified Acquisition Threshold (SAT) Increase: In times of emergency, the SAT, which typically limits simplified acquisitions to $250,000, can be raised. This higher threshold allows contracting officers to use streamlined procedures for more significant purchases.
• Use of Oral Solicitations: When written solicitations would delay urgent acquisitions, contracting officers may solicit offers orally.
• Waivers of Certain Requirements: Emergency acquisitions may allow for the waiver of typical requirements, such as publicizing contract actions or allowing shorter response times for solicitations.
• Commercial Item Acquisition Flexibilities: Simplified procedures for acquiring commercial items can be applied more broadly, allowing the government to procure commercial goods and services quickly.

Key Authorities: During emergencies, the FAR allows contracting officers to use additional authorities, such as:

• Contingency Operations: These are military operations or disaster responses that trigger higher acquisition thresholds and relaxed regulations.
• Defense or Recovery Operations: Situations such as military deployments or natural disaster recoveries allow the government to prioritize contracts for goods or services that support recovery efforts.
• Critical National Interest Operations: When responding to situations that impact national security or the economy, the FAR allows special procedures to procure the necessary support and materials quickly.

Subpart 18.2 – Emergency Acquisition Flexibilities

Increased Thresholds: In emergency situations, the SAT and the micro-purchase threshold are often raised, allowing for simplified procurement of a broader range of goods and services. The micro-purchase threshold, normally $10,000, may increase significantly to accommodate urgent needs.

Micro-Purchase Threshold (MPT): Emergency situations allow for expanded use of government purchase cards for micro-purchases under the elevated threshold. This helps contracting officers procure smaller quantities of items, such as medical supplies, tools, or equipment, without extensive administrative delays.

Flexibility in Source Selection: Contracting officers may also use simplified procedures in source selection, allowing them to shorten or bypass some of the typical solicitation and evaluation phases. This ensures faster contracting with vendors who can meet urgent delivery timelines.

Waivers for Full and Open Competition: While competition is typically a cornerstone of federal procurement, emergency acquisitions allow contracting officers to limit or waive full and open competition requirements. This can happen when the need is so urgent that delays could harm public safety or when only a single supplier can provide the necessary goods or services quickly enough.

Subpart 18.3 – National Emergency Acquisitions

National Emergencies: When a national emergency is declared, such as during natural disasters, pandemics, or armed conflicts, the government may invoke broader acquisition flexibilities. These emergencies often involve both military and civilian contracting, as federal agencies coordinate relief, recovery, and operational support efforts.

Defense Priorities and Allocations System (DPAS): This system allows the government to prioritize contracts and orders that are critical to national defense. Under DPAS, the government can direct suppliers to prioritize government orders over commercial contracts, ensuring that essential supplies—such as food, fuel, or critical equipment—are delivered in a timely manner.

National Defense or Essential Civilian Needs: The FAR also authorizes agencies to prioritize contracts for critical infrastructure, public health responses, and other vital services that protect civilian populations during emergencies.

Subpart 18.4 – Procurement for Contingency Operations

Contingency Operations: These are military operations or disaster recovery efforts that occur outside the normal course of government business. Contingency operations include both combat missions and humanitarian responses, such as providing aid during a natural disaster.

Special Procedures for Contingency Operations: In these situations, the government uses more relaxed acquisition rules, including:

• Higher Dollar Thresholds: The simplified acquisition and micro-purchase thresholds are raised for contingency operations outside the U.S., allowing for more streamlined procurement.
• Oral and Letter Contracts: In contingency operations, written contracts may be impractical due to time constraints or logistical issues. Instead, contracting officers can use oral contracts or letter contracts to authorize work immediately and formalize the agreement later.

Subpart 18.5 – Federal Supply Schedules for Emergency Acquisitions

Use of GSA Schedules: During emergencies, federal agencies often turn to the General Services Administration (GSA) Federal Supply Schedules for expedited purchasing. GSA’s pre-approved vendors can provide a wide range of supplies and services, including IT support, healthcare services, and construction materials. The use of GSA schedules allows for quick ordering from reliable sources, reducing the need for lengthy solicitation processes.

If you’re business is interested in getting on the GSA Schedule, the FedBiz Access GSA Schedule Proposal Assistance Program handles the entire proposal process, delivering a ready-to-submit GSA Schedule proposal designed for easy review and award.

Disaster Relief Products and Services: GSA maintains contracts specifically tailored for disaster relief efforts, making it easier for federal agencies to acquire necessary supplies for recovery operations.

Key Principles for Emergency Acquisitions

Here are some essential principles and best practices to ensure success when navigating Part 18 of the FAR:

1. Prioritize Speed and Efficiency: Emergency acquisitions are designed to respond rapidly to urgent needs, so contracting officers must focus on securing necessary supplies and services as quickly as possible.
2. Use Flexibilities Wisely: Take advantage of elevated thresholds, simplified procedures, and waivers of competition requirements when appropriate. However, always ensure these flexibilities are used responsibly to balance urgency with fairness.
3. Leverage Existing Contracts: Utilize GSA Federal Supply Schedules and pre-existing contracts to procure goods and services from pre-qualified vendors with minimal administrative burden.
4. Be Prepared for Contingency Operations: Agencies should have acquisition plans in place for contingency operations to ensure rapid procurement under heightened thresholds and emergency conditions.

Practical Application: Case Studies

Let’s explore some hypothetical scenarios to illustrate how these principles apply in real-world situations:

Scenario 1: Procuring Medical Supplies During a Pandemic

Your agency needs to quickly acquire personal protective equipment (PPE) for first responders during a pandemic. Here’s how you ensure compliance with Part 18:

• Increased Micro-Purchase Threshold: You use the elevated micro-purchase threshold to order PPE directly from suppliers using the government purchase card, expediting delivery without the need for formal solicitations.
• Oral Solicitations: Due to the urgency, you conduct oral solicitations with multiple suppliers to secure the best price and availability, bypassing written solicitations to save time.

Scenario 2: Contracting for Contingency Operations Abroad

Your agency is responding to a natural disaster in a foreign country and needs to procure temporary shelter and food supplies. Here’s how you navigate Part 18:

• Higher Acquisition Thresholds: Given the emergency, you use the increased simplified acquisition threshold for contingency operations, allowing you to quickly issue contracts to local suppliers for temporary shelters and food supplies.
• Letter Contract: To expedite the procurement, you issue a letter contract to a local construction company to begin work immediately, finalizing contract details as the project progresses.

Scenario 3: Using Federal Supply Schedules for Disaster Recovery

Your agency is involved in disaster recovery efforts after a major hurricane, and you need to procure debris removal services. Here’s how you ensure compliance with Part 18:

• GSA Schedules: You utilize the GSA Federal Supply Schedules to quickly award contracts for debris removal to pre-approved contractors, ensuring compliance with FAR while minimizing the time spent on solicitation.
• DPAS Prioritization: You assign a DPAS priority rating to the contracts to ensure that the contractors prioritize government orders over commercial work, speeding up recovery efforts.

Best Practices for Emergency Acquisitions

Here are some practical tips to help your business stay compliant with Part 18 of the FAR:

1. Act Fast, Document Thoroughly: While emergency acquisitions prioritize speed, make sure to document each action and decision carefully to provide an audit trail for accountability.
2. Maintain Vendor Relationships: Build strong relationships with suppliers on GSA schedules and other pre-approved contractors who can respond quickly during emergencies.
3. Train Your Team for Emergencies: Ensure that procurement personnel are familiar with emergency acquisition procedures and can quickly implement them when necessary.

Conclusion

Part 18 of the FAR provides agencies with the tools they need to act swiftly during times of crisis. By leveraging acquisition flexibilities, raising purchasing thresholds, and streamlining procedures, the government can respond quickly to emergencies while still maintaining oversight and accountability.

In our next installment, we’ll explore Part 19 of the FAR, which focuses on Small Business Programs and how these programs are integrated into government contracting. Stay tuned as we continue to break down the FAR into manageable, understandable sections to help you succeed in government contracting.

---

About Us:

FedBiz Access is the leading government contracting business development and marketing firm that offers research and engagement strategy coaching, registrations, certifications, and GSA Schedules, as well as marketing packages to target government buyers. We have over 23 years of experience working with thousands of small and medium sized businesses worldwide, helping them win over $35.8 billion in awards. From registration to award, FedBiz helps you succeed in the government marketplace. 🦅

---

Important Note: This information is accurate as of 10/16/2024. The Federal Acquisition Regulation (FAR) is updated regularly.