A Contracting Officer's Guide to Emergency Contracting:

Understanding and Responding to Different Types of Emergencies

By Catherine Poole

esponding to emergencies is a fundamental role of government. It is a role that many different defense and civilian agencies have been filling increasingly in recent years, and through which the government has realized the critical need of having a strategic response plan in place for launching a coordinated response, when necessary. The 426-page National Response Plan, finalized in December 2004, provides a "national" framework for the "prevention of, preparedness for, response to, and recovery from terrorism, major natural disasters, and other major emergencies." It details the roles and responsibilities of federal, state, local, and tribal agencies, nongovernmental organizations, private-sector entities, and the first-responder and emergency management communities across the country. It establishes a plan for strong coordination among and between agencies and organizations to identify what is needed to respond to an emergency, so that everyone is clear on their roles and responsibilities.

Once the government, agencies, and organizations have coordinated and then identified needs that should be met through procurement, what next? Not surprisingly, there are a variety of changes to the contracting process that are triggered by an emergency declaration. Those responsible for doing the contracting--federal contracting officials--must have the know-how and the tools to react quickly to acquire those critical supplies and services. The key is to be able to quickly identify the appropriate authorities, thresholds, and requirements pertinent to the various types of emergencies that are referenced throughout law, regulations, and policies. As we set out to untangle the web of emergency types, authorizations, waivers, and regulations, we discovered not a single thread, but many, some of which are closely interwoven.

In this Advisory, we have attempted to bring clarity to an area that was, in many ways heretofore unclear. We first explore the various types of emergency declarations and designations and how they specifically impact contracting regulations, then examine the variety of authorities and procedures that are available to the contracting officer when responding to any type of emergency situation.

download full document