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subpart 218.2—EMERGENCY ACQUISITION FLEXIBILITIES

(Revised December 16, 2013)

 

 



 218.201 Contingency operation.
 218.202 Defense or recovery from certain attacks.
 218.203 Incidents of national significance, emergency declaration, or major disaster declaration.
 218.270 Humanitarian or peacekeeping operation.
 218.271 Head of contracting activity determinations.


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 item unique identification.  Contractors will not be required to provide DoD item unique 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 (DFARS/PGI view).

 

(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).

 

218.270  Humanitarian or peacekeeping operation.

 

    The term “humanitarian or peacekeeping operation” is defined at FAR 2.101. In accordance with 10 U.S.C. 2302(7), when a humanitarian or peacekeeping operation is declared, the simplified acquisition threshold is raised to $300,000 for DoD purchases that are awarded and performed, or purchases that are made, outside the United States in support of that operation.  See 202.101.

 

218.271  Head of contracting activity determinations.

For contract actions supporting contingency operations or facilitating defense against or recovery from nuclear, biological, chemical, or radiological attack, the term “head of the agency” is replaced with “head of the contracting activity,” as defined in FAR 2.101, in the following locations:

 

      (a)  FAR 2.101:

 

              (1)  Definition of “Micro-purchase threshold,” paragraph (3).

 

              (2)  Definition of “Simplified acquisition threshold.”

 

      (b)  FAR 12.102(f).

 

      (c)  FAR 13.201(g).

 

      (d)  FAR 13.500(e).

 

      (e)  FAR 18.2.

 


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