# Part 5118 - Emergency Acquisitions

(Revised 28 September 2023)

Subpart 5118.1 - Available Acquisition Flexibilities

5118.170 Additional acquisition flexibilities.

Subpart 5118.2 - Emergency Acquisition Flexibilities

5118.201 Contingency operation.

5118.202 Defense or Recovery from Certain Events.

5118.271 Head of contracting activity determinations.

## Subpart 5118.1 - Available Acquisition Flexibilities

### 5118.170 Additional acquisition flexibilities.

(h) The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a non-delegable basis, shall make the notification as described in DFARS 218.170(h).

(i) See AFARS 5106.302-7 Public Interest.(b)(2) for Defense Contracting and Pricing Class Deviation 2023-O0003 REV 2 instructions on use of other than competitive procedures under FAR 6.302-7 for “covered contracts”.

## Subpart 5118.2 - Emergency Acquisition Flexibilities

### 5118.201 Contingency operation.

(7) See APPENDIX - GG Table Of Contents.

### 5118.202 Defense or Recovery from Certain Events.

(c) In accordance with section (C)(4) of Defense Pricing and Contracting Class Deviation 2023-O0003 REV 2—Temporary Authorizations for Covered Contracts Related to Ukraine contracting officers carrying out a procurement of a product or service for a covered contract may treat the product or service as a commercial product or a commercial service for the purpose of carrying out the procurement. See 5112.102 Applicability. (a)(i)(B)(3). See AFARS 5153.206-93 Instructions for Congressional Notification Requirement When Utilizing Authorities Conferred by DPC 2023-O0003 Class Deviation 2023-O0003 REV 2—Temporary Authorizations for Covered Contracts Related to Ukraine. and AFARS 5153.303-12 for instructions and sample format for reporting covered contracts applicable under this subpart to congressional defense committees.

### 5118.271 Head of contracting activity determinations.

(e) See APPENDIX - GG Table Of Contents.

See AFARS PGI 5118.2-1 for additional information on acquisition flexibilities.

See AFARS PGI 5118.204-1 for additional information on Humanitarian or peacekeeping operation.