subpart 218.1—AVAILABLE ACQUISITION FLEXIBILITIES

(Revised September 13, 2019)

 

 

 218.170 Additional acquisition flexibilities.


218.170  Additional acquisition flexibilities.

Additional acquisition flexibilities available to DoD are as follows:

 

(a)  Circumstances permitting other than full and open competition.  Use of the authority at FAR 6.302-2, Unusual and compelling urgency, may be appropriate under certain circumstances.  See PGI 206.302-2 (DFARS/PGI view) .

 

(b)  Use of advance Military Interdepartmental Purchase Request (MIPR).  For urgent requirements, the advance MIPR may be transmitted electronically.  See PGI 208.7004-3 (DFARS/PGI view) .

 

(c)  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 place of performance is entirely outside the United States.  See 213.270(c)(1).

 

(d)  Master agreement for repair and alteration of vessels.  The contracting officer, without soliciting offers, may issue a written job order for emergency work to a contractor that has previously executed a master agreement, when delay would endanger a vessel, its cargo or stores, or when military necessity requires immediate work on a vessel.  See 217.7103-4, 252.217-7010, and PGI 217.7103-4 (DFARS/PGI view) .

 

(e)  Spare parts breakout program.  An urgent immediate buy need not be delayed if an evaluation of the additional information cannot be completed in time to meet the required delivery date.  See PGI 217.7506, paragraph 1-105(e) (DFARS/PGI view) .

 

(f)  Storage and disposal of toxic and hazardous materials.  Under certain emergency situations, exceptions apply with regard to the prohibition on storage or disposal of non-DoD-owned toxic or hazardous materials on DoD installations.  See 223.7102(a)(3) and (7).

 

(g)  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.

 

(h)  Rights in technical data.  The agency head may notify a person asserting a restriction that urgent or compelling circumstances (e.g., emergency repair or overhaul) do not permit the Government to continue to respect the asserted restriction.  See 227.7102-2; 227.7103-5; 227.7103-13; 227.7104; 227.7203-13;  252.227-7013; 252.227-7014; 252.227-7015; 252.227-7018; and 252.227-7037.

 

(i)  Tax exemption in Spain.  If copies of a contract are not available and duty-free import of equipment or materials is urgent, the contracting officer may send the Joint United States Military Group copies of the Letter of Intent or a similar document indicating the pending award.  See PGI 229.7001 (DFARS/PGI view) .

 

(j)  Electronic submission and processing of payment requests.  Exceptions to the use of Wide Area WorkFlow are at 232.7002(a).

 

(k)  Mortuary services.  In an epidemic or other emergency, the contracting activity may obtain services beyond the capacity of the contractor's facilities from other sources.  See 237.7003(a) and 252.237-7003.