Revolutionary FAR Overhaul Guide – Emergency Acquisition (Part 18)

As part of the Trump Administration’s ongoing task to rewrite the FAR via Executive Order 14275, titled Restoring Common Sense to Federal Procurement, the Trump Administration released another set of revisions to the FAR on June 12, 2025. This overview covers Emergency Acquisitions: when the Agency identifies an unusual or compelling need. Although most of the changes can be deemed stylistic in the name of simplicity, this article will review the critical proposed changes that contractors should take note of for future reference. If you think you may be affected by these proposed changes, GovSpring is available to help contractors and companies understand how the FAR rewrite may impact their current and future contracts. Click here to schedule a consultation or fill out our online contact form to be contacted by our Managing Attorney.

What is FAR Part 18?

Created in the wake of Hurricane Katrina, FAR Part 18 was intended to provide a one-stop shop where all existing FAR acquisition flexibilities would be to quickly facilitate and expedite acquisition of supplies and services during emergencies. To summarize Part 18, it applies when the agency determines there is unusual or compelling urgency, even if there is no declared emergency.

What has Changed in FAR Part 18?

Structurally, the new Part 18 consolidates two subparts (18.2 & 18.1) into one. The proposed version relocates the flexibilities outlined at length in the existing subpart to a practitioner’s guide that will be hyperlinked within the subpart at a later date. That is currently called the “Emergency Procurement List,” which is simply the former FAR 18.1. This change highlights the Council’s desire to remove guidance from the regulation. The list, as was the case in the old version, simply highlights available flexibilities when the Agency identifies an urgent need. These include:

• An exception to SAM registration when submitting offers in response to contracts awarded due to unusual urgency or by contracting officers supporting certain missions overseas.
• An Exception to synopsize (publish a proposed contract action) when there is an urgent need and the Government would be harmed in waiting.
• When there is an unusual and compelling urgency for a requirement, COs may impose limits on the number of offerors and are not required to award after full-and-open competition.
• Exceptions to the use of Federal Prison Industries and AbilityOne in some circumstances.

As detailed in the practioner album, the changes retain statutory mandates derived from the following:

• Special Emergency Procurement Authority (41 U.S.C. § 1903)
• Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Ch. 68)
• Contingency Operation (10 U.S.C. § 101(a)(13))
• International Disaster Assistance (22 U.S.C. § 2292b)
• Cargo Preference Act of 1954 (46 U.S.C. § 55305)
• Contract in Support of Humanitarian or Peacekeeping Operation (41 U.S.C. § 153)

To summarize, there are no real significant changes to FAR Part 18. The changes largely reflect the distinction between guidance for agencies and what is required by statute. If you have any questions about the proposed changes, don’t hesitate to reach out to GovSpring. Click here to schedule a consultation or fill out our online contact form to be contacted by our Managing Attorney.