PART 218—EMERGENCY ACQUISITIONS Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. Source: 72 FR 2632, Jan. 22, 2007, unless otherwise noted. Subpart 218.1—Available Acquisition Flexibilities 218.170 Additional acquisition flexibilities. Additional acquisition flexibilities available to DoD are as follows: (a) Circumstances permitting other than full and open competition. (b) Use of advance Military Interdepartmental Purchase Request (MIPR). (c) Use of the Governmentwide commercial purchase card. (d) Master agreement for repair and alteration of vessels. (e) Spare parts breakout program. (f) Storage and disposal of toxic and hazardous materials. (g) Authorization Acts, Appropriations Acts, and other statutory restrictions on foreign acquisition. (h) Rights in technical data. (i) Tax exemption in Spain. (j) Electronic submission and processing of payment requests. (k) Mortuary services. [72 FR 2632, Jan. 22, 2007, as amended at 77 FR 38733, June 29, 2012; 84 FR 48505, Sept. 13, 2019] Subpart 218.2—Emergency Acquisition Flexibilities 218.201 Contingency operation. (1) Selection, appointment, and termination of appointment. (2) Policy for item unique identification. (3) Use of the Governmentwide commercial purchase card. (4) Governmentwide commercial purchase card. (5) Imprest funds and third party drafts. (6) Standard Form (SF) 44, Purchase Order-Invoice-Voucher. (7) Only one offer. (8) Approval of determination and findings for time-and-materials or labor-hour contracts. 1 2 (9) Undefinitized contract actions. (10) Prohibited sources. (11) Authorization Acts, Appropriations Acts, and other statutory restrictions on foreign acquisition. (12) Electronic submission and processing of payment requests. [72 FR 2632, Jan. 22, 2007, as amended at 78 FR 76072, Dec. 16, 2013; 81 FR 53045, Aug. 11, 2016; 83 FR 24890, May 30, 2018; 85 FR 34528, June 5, 2020] 218.202 Defense or recovery from certain events. For acquisitions that, as determined by the head of the contracting activity, are to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster, the following requirements do not apply: (1) Policy for unique item identification at 211.274-2(a). (2) Only one offer requirements at section (3) Approval of determination and findings for time-and-materials or labor-hour contracts at 216.601(d)(i)(A)(1) and (2). [83 FR 24890, May 30, 2018] 218.203 Emergency declaration or major disaster declaration. (1) Establishing or maintaining alternative sources. (2) Electronic submission and processing of payment requests. [72 FR 2632, Jan. 22, 2007, as amended at 86 FR 59870, Oct. 29, 2021] 218.204 Humanitarian or peacekeeping operation. The following requirements do not apply to acquisitions that, as determined by the head of the contracting activity, are in support of humanitarian or peacekeeping operations: (1) Policy for item unique identification at 211.274-2(a). (2) Only one offer requirements at sections (3) Approval of determination and findings for time-and-materials or labor-hour contracts at 216.601(d)(i)(A)(1) and (2). [83 FR 24890, May 30, 2018] 218.270 Head of contracting activity determinations. The term “head of the agency” is replaced with “head of the contracting activity,” as defined in FAR 2.101, in the following locations: (a) FAR 2.101: definition of “simplified acquisition threshold.” (b) FAR 12.102(f). (c) FAR 13.201(g). (d) FAR 13.500(c)(1). (e) FAR 18.2. [74 FR 2407, Jan. 15, 2009. Redesignated at 76 FR 44281, July 25, 2011; 82 FR 61480, Dec. 28, 2017. Redesignated and amended at 83 FR 24890, May 30, 2018] 218.271 Use of electronic business tools. When supporting a contingency operation or humanitarian or peacekeeping operation, follow the procedures at PGI 218.271 concerning the use of electronic business tools. [80 FR 10390, Feb. 26, 2015. Redesignated and amended at 83 FR 24890, May 30, 2018]