DFARS 218.170 Additional acquisition flexibilities

Section Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 218.170
Type
Section
Supplements
FAR Subpart 18.1 Available Acquisition Flexibilities
Last amended
84 FR 48504 Effective Sep 13, 2019
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

Additional acquisition flexibilities available to DoD are as follows:

(a) *Circumstances permitting other than full and open competition.*Use of the authority at FAR 6.302-2, Unusual and compelling urgency, may be appropriate under certain circumstances. See PGI 206.302-2 .

(b) Use of advance Military Interdepartmental Purchase Request (MIPR). For urgent requirements, the advance MIPR may be transmitted electronically. See PGI 208.7004-3 .

(c) Use of the Governmentwide commercial purchase card. Governmentwide commercial purchase cards do not have to be used for purchases valued at or below the micro-purchase threshold if the place of performance is entirely outside the United States. See 213.270 (c)(1).

(d) Master agreement for repair and alteration of vessels. The contracting officer, without soliciting offers, may issue a written job order for emergency work to a contractor that has previously executed a master agreement, when delay would endanger a vessel, its cargo or stores, or when military necessity requires immediate work on a vessel. See 217.7103-4, 252.217-7010, and PGI 217.7103-4.

(e) Spare parts breakout program. An urgent immediate buy need not be delayed if an evaluation of the additional information cannot be completed in time to meet the required delivery date. See PGI 217.7506, paragraph 1-105(e).

(f) Storage and disposal of toxic and hazardous materials. Under certain emergency situations, exceptions apply with regard to the prohibition on storage or disposal of non-DoD-owned toxic or hazardous materials on DoD installations. See 223.7102(a)(3) and (7).

(g) Authorization Acts, Appropriations Acts, and other statutory restrictions on foreign acquisition. Acquisitions in the following categories are not subject to the restrictions of 225.7002, Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools: (1) Acquisitions at or below the simplified acquisition threshold; (2) Acquisitions outside the United States in support of combat operations; (3) Acquisitions of perishable foods by or for activities located outside the United States for personnel of those activities; (4) Acquisitions of food, specialty metals, or hand or measuring tools in support of contingency operations, or for which the use of other than competitive procedures has been approved on the basis of unusual and compelling urgency in accordance with FAR 6.302-2; (5) Emergency acquisitions by activities located outside the United States for personnel of those activities; and (6) Acquisitions by vessels in foreign waters. See 225.7002-2.

(h) Rights in technical data. The agency head may notify a person asserting a restriction that urgent or compelling circumstances (e.g., emergency repair or overhaul) do not permit the Government to continue to respect the asserted restriction. See 227.7102-2; 227.7103-5; 227.7103-13; 227.7104; 227.7203-13; 252.227-7013; 252.227-7014; 252.227-7015; 252.227-7018; and 252.227-7037.

(i) Tax exemption in Spain. If copies of a contract are not available and duty-free import of equipment or materials is urgent, the contracting officer may send the Joint United States Military Group copies of the Letter of Intent or a similar document indicating the pending award. See PGI 229.7001.

(j) Electronic submission and processing of payment requests. Exceptions to the use of Wide Area WorkFlow are at 232.7002(a).

(k) Mortuary services. In an epidemic or other emergency, the contracting activity may obtain services beyond the capacity of the contractor's facilities from other sources. See 237.7003(a) and 252.237-7003.

Federal Register history

Final rule Published Effective
Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Award to Single Offeror” (DFARS Case 2019-D024) 84 FR 48504 · Docket DARS-2019-0054
Defense Federal Acquisition Regulation Supplement: Updates to Wide Area WorkFlow (DFARS Case 2011-D027) 77 FR 38731 · 0750-AH40
Defense Federal Acquisition Regulation Supplement; Emergency Acquisitions (DFARS Case 2006-D036) 72 FR 2631 · 0750-AF56

Sections cited

Quick answers

What is DFARS 218.170?

DFARS 218.170 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Additional acquisition flexibilities".

When was DFARS 218.170 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Award to Single Offeror” (DFARS Case 2019-D024)" (84 FR 48504), published Sep 13, 2019 and effective Sep 13, 2019.

Are changes to DFARS 218.170 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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