Government Contracts Final FAR Rule Expands Special Emergency Procurement Authorities
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Monday, June 3, 2019

Final FAR Rule Expands Special Emergency Procurement Authorities

By Government Contracts Editorial Staff

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued Federal Acquisition Circular 2019-02, which contains final rules amending the Federal Acquisition Regulation. The final rule in FAR Case 2017-009 expands special emergency procurement authorities for acquisitions of supplies or services that facilitate defense against or recovery from cyber attack, provide international disaster assistance under the Foreign Assistance Act of 1961, or support response to an emergency or major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The rule implements sections 816 and 1641 of the National Defense Authorization Act for Fiscal Year 2017 (PL 114-328), which modified 41 USC 1903, Special Emergency Procurement Authority, to establish special emergency procurement authorities to allow for higher micro-purchase and simplified acquisition thresholds for acquisitions of supplies or services that facilitate defense against or recovery from cyber attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 USC 2292 et seq.; or to support responses to an emergency or major disaster (42 USC 5122). The rule adds definitions for “Emergency” and “Major disaster” at FAR 2.101, and revises the definitions of “Micro-purchase threshold” and “Simplified acquisition threshold.” The rule makes corresponding changes to the MPT requirements at FAR 13.201 and the SAT procedures at FAR 13.500, as well as amendments to FAR 10.001, FAR 12.102, FAR 18.001, FAR 18.202, and FAR 26.202. The final rule makes no changes to the proposed rule (¶70,006.329).

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