DFARS Part 218: Emergency Acquisitions

In plain English

DFARS Part 218 implements emergency acquisition flexibilities for DoD contracting. It allows streamlined procedures and exemptions from certain requirements when supporting contingency operations, disaster response, or humanitarian/peacekeeping efforts. These flexibilities can speed up awards and reduce administrative burdens for contractors during emergencies.

Key rules

• Contracting officers may use other than full and open competition when there is unusual and compelling urgency.
• For urgent requirements, advance Military Interdepartmental Purchase Requests (MIPRs) may be transmitted electronically.
• The Governmentwide commercial purchase card is not mandatory for purchases at or below the micro-purchase threshold if the place of performance is entirely outside the United States.
• Contractors are not required to provide DoD item unique identification for items used to support a contingency operation, as determined by the head of the contracting activity.
• The requirement to submit payment requests electronically does not apply to contracts awarded for emergency operations, such as responses to natural disasters or national or civil emergencies.
• For acquisitions supporting humanitarian or peacekeeping operations, the 'only one offer' requirements and certain approval requirements for time-and-materials or labor-hour contracts do not apply.
• The term 'head of the agency' is replaced with 'head of the contracting activity' in specified FAR locations, giving the HCA authority to make certain determinations. (218.270)

Who does what

In practice

• During emergencies, contracting officers can move faster by using urgency authorities and streamlined procedures, which may reduce competition and documentation requirements.
• Contractors may be exempt from certain unique identification, electronic payment submission, and foreign acquisition restrictions when supporting contingency, humanitarian, or peacekeeping operations.
• The head of the contracting activity plays a key role in determining when these flexibilities apply, so contractors should confirm that the acquisition is designated as supporting an emergency operation.

Common pitfalls

• Assuming that all emergency flexibilities apply automatically; many require a determination by the head of the contracting activity or other official.
• Overlooking that some exemptions, such as for item unique identification, do not apply to cyber attack recovery, only to nuclear, biological, chemical, or radiological attack.
• Failing to recognize that the electronic payment request exemption applies only to contracts awarded in conduct of emergency operations, not to all contracts.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.