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    My understanding of the purpose of emergency acquisition flexibilities (EAF) is the same benefit as SAP- which mainly is utilizing government procurement procedures that aim to reduce the administrative burden and time of awarding procurements below a certain dollar threshold. I place emphasis on time of awarding procurements. Would you concur that these procedures apply only to pre-award, or do you believe you could award a contract under normal SAP procedures and then invoke EAF via modification should that award need to cross the SAP threshold (ex: undefinitized requirements now being definitized via mod)?


    Thank you for the question. As you know, this authority does not apply unless one of the following three apply:

    This authority may be used on any program or requirement that is determined to be used if supplies are:

    o            In support of a contingency operation as defined in 2.101;

    o            Needed to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States;

    o            In support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance; or

    When the President issues an emergency declaration, or a major disaster declaration

    The primary purpose of emergency acquisition flexibilities is to streamline the acquisition process. With that said, I would say that it applies primarily for pre award. If post award, the requirement would need to be within scope of the awarded effort. If not within scope, then I would recommend that you could not modify the existing contract.  As I am not a warranted contracting officer, I would highly recommend that your contracting officer make this determination along with a request for legal opinion regarding your requirement.  Thank you.


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