CC-501  Expedited Contracting Procedures in Contingency Operations

(a)  For most critical steps in the contracting process, the acquisition tools in FAR, DFARS, and AFFARS provide flexibility to permit expedited contracting actions to satisfy urgent and compelling requirements. However, such circumstances do not provide blanket waivers of regulatory requirements, nor do they eliminate the need to maintain required controls and documentation. Examples of existing authorities to expedite contracting actions can be found in FAR Part 18 and DFARS Part 18. They include:

(1)  Limiting sources in solicitations when unusual and compelling urgency precludes full and open competition (FAR 6.302-2) or competition to the maximum extent practicable (see FAR 13.104);

(2)  Exceptions for issuing synopses of proposed contract actions when this would delay award and injure the Government (FAR 5.202);

(3)  Awarding letter contracts and other forms of undefinitized contract actions (UCAs) to expedite start of work (see DFARS 217.74); For the fact the Government bears all of the risk until definitization, these types of contracts should be used as a last resort!

(4)  Using oral solicitations (FAR 13.106, and FAR 15.203(f));

(5)  Awarding contracts for emergency requirements before resolving a protest (FAR 33.104);

(6)  Waiving bid guarantees (FAR 28.101-1); and

(7)  The simplified acquisition threshold for acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 428a), means (1) $300,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and, (2) $1 million for any contract to be awarded and performed, or purchase to be made, outside the United States (see FAR 2.101).  Additionally, simplified acquisition procedures are authorized for acquisitions that do not exceed $12 million when the acquisition is for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation or to facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack. (see FAR 13.500(e)(1)).

(b)  When the nature of the contingency dictates, authorities at appropriate levels may relieve CCOs of specific regulatory requirements contained in the FAR, DFARS, or AFFARS. The authority to relax requirements is limited to those requirements contained in the FAR, DFARS, and AFFARS that are based on contracting policies established at the same level of authority. Department of Defense and Air Force contracting authorities maintain standby packages to initiate relief from regulatory requirements during contingencies. In a similar manner, MAJCOM contracting activities should identify in advance command-specific requirements that may be relaxed or waived during contingency operations. Operational contracting offices should also identify local requirements that would impede contingency contracting and coordinate procedures (within their authority) to relax those requirements.

(c)  For Secretary of Defense declared contingency operations, it may also be possible for a CCO to request relief from FAR, DFARS, and AFFARS requirements established as a result of statutes, Executive Orders, or other Executive Agency regulations (e.g., Department of Labor, Small Business Administration, etc.). Relief from these requirements could take considerable time to obtain, so their identification prior to declaration of a contingency operation is essential. SAF/AQC will be responsible for drafting legislative packages for relief in periods of National Emergency from statutes, Executive Orders, and Executive Agency regulations. MAJCOM SCOs are encouraged to make recommendations for FAR, DFARS, and AFFARS requirements for which relief should be requested in support of contingency operations.