Summary
This part of the Federal Acquisition Regulation (FAR) establishes special procurement flexibilities that federal agencies may use during emergencies—including contingency operations, cyber/nuclear/biological/chemical/radiological attacks, international disaster assistance, or presidential emergency declarations. It streamlines standard acquisition processes by waiving or modifying typical requirements such as full and open competition, SAM registration, bid guarantees, formal proposals, and various notification and certification procedures. It also raises micro-purchase and simplified acquisition thresholds, allows sole-source contracts to small disadvantaged business groups, and invokes Defense Production Act authorities. The goal is rapid government response during crises.
Reason
This regulation should be deleted. While emergencies demand swift government action, the FAR's emergency flexibilities institutionalize permanent exemptions from core procurement safeguards—transparency, competition, and fiscal accountability—creating a backdoor for expanded federal power. The vague trigger standards (“contingency operation,” “essential to national defense”) invite bureaucratic overreach and mission creep, allowing agencies to bypass normal checks under loosely defined emergencies. These exemptions distort incentives, increase fraud risk, and displace market discipline with political discretion. The true costs are unseen but real: reduced quality, inflated prices, and erosion of the rule of law through a two-tiered procurement system. Emergency procurement should be governed by narrowly defined statutes with sunset provisions, not permanent regulatory waivers.