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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The revised&nbsp;<a href="https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-18">FAR Part 18</a>&nbsp;is condensed into two sections: 18.001 (Scope) and 18.002 (Emergency Acquisitions). Many prior subparts addressing contracting methods, techniques, and approval requirements for emergency acquisitions were either relocated or removed.

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Acquisition Flexibilities

FAR 18.001(a) outlines flexibilities available to contracting officers for emergency acquisitions and emphasizes the use of these flexibilities to quickly respond to urgent needs.

The available flexibilities are compiled in the&nbsp;<a href="https://www.acquisition.gov/emergency-procurement?_">Emergency Procurement List</a>. This list references several of the removed contracting methods and techniques, including:

Use of Federal Supply Schedules, Blanket Purchase Agreements, and Indefinite Delivery Contracts;

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Awards to Socioeconomic Small Businesses; and  

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Micro-purchase and Simplified Acquisition Thresholds

FAR 18.001(b) provides five circumstances where thresholds may be raised by the agency head, including to:

Respond to or recover from cyber, nuclear, biological, chemical, or radiological attacks against the United States;

Support a request from the Secretary of State or the Administrator of the United States Agency for International Development to help provide international disaster assistance as described in 22 U.S.C. 2292 et seq.;

Respond to an emergency or major disaster; or

Support a humanitarian or peacekeeping operation using a contract to be awarded and performed, or a purchase to be made, outside the United States. Only the simplified acquisition threshold may be adjusted; the micro-purchase threshold remains unchanged.

Additional Notable Changes

Section 18.001(d) permits emergency acquisitions of supplies or services to be treated as commercial acquisitions where the agency head determines they are needed to respond to specified attacks.

The FAR Part 18&nbsp;<a href="https://www.acquisition.gov/sites/default/files/practitioner_albums/far-part-18-emergency-acquisitions/content/index.html">Practitioner Album</a>&nbsp;also encourages contracting officers to reach an “on-the-spot consensus” in evaluating offers, prioritizing speed and efficiency over detailed documentation.

As agencies shift toward a faster-paced and agile procurement process, federal contractors should expect faster-paced emergency awards and familiarize themselves with agency-specific deviations.

Federal Acquisition Regulation (FAR) Reformation

FAR Part 18 – Emergency Acquisitions