subpart 218.2—EMERGENCY ACQUISITION FLEXIBILITIES
(Added
January 22, 2007)
218.201 Contingency operation.
218.202 Defense or recovery from certain attacks.
218.203 Incidents of national significance, emergency
declaration, or major disaster declaration.
218.201
Contingency operation.
(1) Selection, appointment, and termination of appointment. Contracting officer qualification
requirements pertaining to a baccalaureate degree and 24 semester credit hours
of business related courses do not apply to DoD employees or members of the
armed forces who are in a contingency contracting force. See 201.603-2(2).
(2) Policy for unique item identification. Contractors will not be required to provide
DoD unique item identification if the items, as determined by the head of the
agency, are to be used to support a contingency operation. See 211.274-2(b).
(3) Use of the Governmentwide commercial purchase card. Governmentwide commercial purchase cards do
not have to be used for purchases valued at or below the micro-purchase
threshold if the purchase or payment is for an overseas transaction by a
contracting officer in support of a contingency operation, or for training
exercises in preparation for overseas contingency, humanitarian, or
peacekeeping operations. See
213.270(c)(3) and (5).
(4) Governmentwide commercial purchase card. A contracting office supporting a contingency
operation or a humanitarian or peacekeeping operation may use the
Governmentwide commercial purchase card to make a purchase that exceeds the
micro-purchase threshold but does not exceed the simplified acquisition
threshold if certain conditions are met.
See 213.301(3).
(5) Imprest funds and third party drafts. Imprest funds are authorized for use without
further approval for overseas transactions at or below the micro-purchase
threshold in support of a contingency operation or a humanitarian or
peacekeeping operation. See
213.305-3(d)(iii)(A).
(6) Standard Form (SF) 44, Purchase Order-Invoice-Voucher. SF 44s may be used for purchases not
exceeding the simplified acquisition threshold for overseas transactions by
contracting officers in support of a contingency operation or a humanitarian or
peacekeeping operation. See
213.306(a)(1)(B).
(7) Undefinitized contract actions.
The head of the agency may waive certain limitations for undefinitized
contract actions if the head of the agency determines that the waiver is
necessary to support a contingency operation or a humanitarian or peacekeeping
operation. See 217.7404-5(b).
(8) Prohibited sources. DoD
personnel are authorized to make emergency acquisitions in direct support of
U.S. or allied forces deployed in military contingency, humanitarian, or
peacekeeping operations in a country or region subject to economic sanctions
administered by the Department of the Treasury, Office of Foreign Assets
Control. See 225.701-70.
(9) Authorization Acts, Appropriations Acts, and other statutory
restrictions on foreign acquisition.
Acquisitions in the following categories are not subject to the
restrictions of 225.7002, Restrictions on food, clothing, fabrics, specialty
metals, and hand or measuring tools: (1)
Acquisitions at or below the simplified acquisition threshold; (2) Acquisitions
outside the United States in support of combat operations; (3) Acquisitions of
perishable foods by or for activities located outside the United States for
personnel of those activities; (4) Acquisitions of food, specialty metals, or
hand or measuring tools in support of contingency operations, or for which the
use of other than competitive procedures has been approved on the basis of
unusual and compelling urgency in accordance with FAR 6.302-2; (5) Emergency
acquisitions by activities located outside the United States for personnel of
those activities; and (6) Acquisitions by vessels in foreign waters. See 225.7002-2.
(10) Electronic submission and
processing of payment requests.
Contractors do not have to submit payment requests in electronic form
for contracts awarded by deployed contracting officers in the course of
military operations, including contingency operations or humanitarian or
peacekeeping operations. See
232.7002(a)(4).
218.202
Defense or recovery from certain attacks.
Policy
for unique item identification. Contractors will not be required to provide
DoD unique item identification if the items, as determined by the head of the
agency, are to be used to facilitate defense against or recovery from nuclear,
biological, chemical, or radiological attack.
See 211.274-2(b).
218.203 Incidents of national significance, emergency
declaration, or major disaster declaration.
(1) Establishing or maintaining alternative sources. PGI contains a sample format for Determination
and Findings citing the authority of FAR 6.202(a), regarding exclusion of a
particular source in order to establish or maintain an alternative source or
sources. Alternate 2 of the sample
format addresses having a supplier available for furnishing supplies or
services in case of a national emergency.
See PGI 206.202
(Pop-up Window or PGI Viewer Mode)
.
(2) Electronic submission and processing of payment requests. Contractors do not have to submit payment
requests in electronic form for contracts awarded by contracting officers in
the conduct of emergency operations, such as responses to natural disasters or
national or civil emergencies. See
232.7002(a)(4).