subpart
218.2—EMERGENCY ACQUISITION FLEXIBILITIES
(Revised
September 15, 2008)
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
(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).
See DoD Class Deviation 2008-O0006, Contract Actions
Supporting Contingency Operations or Facilitating Defense Against or Recovery
from Nuclear, Biological, Chemical, or Radiological Attack, issued on September
3, 2008. This deviation is effective
until incorporated into the DFARS or otherwise rescinded.