29736 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules 

announcements on local cable 

television, coverage on radio, television, 

in local and national newspapers, mass 

mailings of informational materials, 

public outreach by telephone, 

conducting public meetings, and 

through the EPA website. 

EPA has been performing outreach to 

Omaha citizens, elected officials, school 

officials, health officials, the media, 

nonprofit groups, and others since 

becoming involved in the project in an 

effort to convey information about the 

hazards of lead poisoning, particularly 

the ways that lead affects the health of 

children. The EPA participated in 

numerous formal and informal meetings 

to explain EPA’s role and commitment 

in Omaha, convey information about the 

Superfund process, and provide general 

information about the site and lead 

contamination. EPA responds to 

inquiries on a daily basis regarding the 

site and individual property owner’s 

sampling results. 

In January 2004, a Community 

Advisory Group, or CAG was formed for 

the OLS site. A CAG is a committee, 

task force, or board made up of residents 

affected by a Superfund site. They 

provided a public forum where 

representatives with diverse community 

interests could present and discuss their 

needs and concerns related to the site 

and the cleanup process. The CAG was 

discontinued after the last meeting was 

held in October 2011. A new group, 

Child Lead Poisoning Prevention Group, 

formed. The first meeting of the Child 

Lead Poisoning Group was held at City 

Hall in May 2012. The Group is no 

longer active. 

Five-Year Review 

EPA completed the first Five-Year 

Review for the site in September 2014. 

Five-Year Reviews for the site are 

statutory. The triggering action for the 

Five-Year Review is the completion of 

the Final Record of Decision for 

Operable Unit 2, completed in May 

2009. 

The protectiveness of the remedy was 

deferred in the Five-Year Review 

because the remedy had not been 

completed at all of the properties within 

the site boundary. However, cleanup 

activities at the 101 residential parcels 

included in this partial deletion action 

are complete and protective of human 

health. There are no issues or 

recommendations in the Five-Year 

Review related to these 101 residential 

parcels proposed for deletion. 

The next Five-Year Review will be 

completed in 2019. 

Summary of EPA Work Completed 

Soil Testing and Remediation 

EPA Region 7 completed the EPA lead 

portion of the remedial action on 

December 29, 2015. The city of Omaha 

and the DCHD will be performing the 

remaining field work. As of December 

29, 2015, EPA collected soil samples 

from 42,047 properties. There are 489 

remaining properties to be sampled. The 

EPA has obtained access to collect 

samples from 163 of the 489 properties. 

Based on the soil sampling results, 

14,019 properties were eligible for soil 

remediation. The EPA remediated lead 

contaminated soil at 13,090 properties 

(93 percent) of the properties that were 

eligible for remediation. There are 

approximately 929 remaining properties 

that are eligible for soil remediation. 

The EPA obtained access to remediate 

fifty-one of the remaining properties. 

Lead-Based Paint Testing and 

Stabilization 

The EPA tested 12,057 properties for 

the presence of lead-based paint, or 

LBP. 6,782 properties qualify for LBP 

stabilization. The EPA completed LBP 

stabilization on 6,249,(92 percent) of the 

eligible properties. 

Dust Sampling 

The EPA collected dust samples from 

3,933 properties consisting of 4,477 

residences for lead contaminated dust. 

These numbers reflect the fact that some 

of the properties are multi-residence 

properties. 

Continuing Remedial Action 

EPA completed Cooperative 

Agreements with the city of Omaha and 

the DCHD that provide funds to allow 

these local government agencies to 

continue efforts to obtain access to the 

remaining properties and conduct 

sampling and remediation activities at 

those properties where they obtain 

access. 

Determination That the Criteria for 

Deletion Has Been Achieved 

In accordance with 40 CFR 

300.425(e), Region 7 of the EPA finds 

that the 101 residential parcels of the 

Omaha Lead Superfund site (the subject 

of this deletion) meet the substantive 

criteria for deletion from the NPL. EPA 

has consulted with and has the 

concurrence of the state of Nebraska. All 

responsible parties or other persons 

have implemented all appropriate 

response actions required. All 

appropriate Fund-financed response 

under CERCLA was implemented, and 

no further response action by 

responsible parties is appropriate. 

The implemented remedy at the 101 

residential parcels have achieved the 

degree of cleanup specified in the ROD 

for all pathways of exposure. All 

selected remedial action objectives and 

associated cleanup levels are consistent 

with agency policy and guidance. No 

further Superfund response is needed to 

protect human health and the 

environment. 

List of Subjects in 40 CFR Part 300 

Environmental Protection, Air 

Pollution Control, Chemicals, 

Hazardous waste, Hazardous 

substances, Intergovernmental relations, 

Penalties, Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: June 13, 2018. 

James B. Gulliford, 

Regional Administrator, Region 7. 

[FR Doc. 2018–13720 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 10, 12, 13, 18, and 26 

[FAR Case 2017–009; Docket No. 2017– 

0009, Sequence No. 1] 

RIN 9000–AN45 

Federal Acquisition Regulation: 

Special Emergency Procurement 

Authority 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement sections of the National 

Defense Authorization Act for Fiscal 

Year 2017 to expand special emergency 

procurement authorities for acquisitions 

of supplies or services that facilitate 

defense against or recovery from cyber 

attack, provide international disaster 

assistance under the Foreign Assistance 

Act of 1961, or support response to an 

emergency or major disaster under the 


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Robert T. Stafford Disaster Relief and 

Emergency Assistance Act. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at one of the 

addresses shown below on or before 

August 27, 2018 to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2017–009 by any 

of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘FAR Case 2017–009’’ under 

the heading ‘‘Enter Keyword or ID’’ and 

selecting ‘‘Search’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2017–009’’. Follow the 

instructions provided on the screen. 

Please include your name, company 

name (if any), and ‘‘FAR Case 2017– 

009’’ on your attached document. 

• Mail: General Services 

Administration, Regulatory Secretariat 

Division (MVCB), ATTN: Lois Mandell, 

1800 F Street NW, 2nd Floor, 

Washington, DC 20405–0001. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2017–009’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Camara Francis, Procurement Analyst, 

at 202–550–0935 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755. Please cite ‘‘FAR Case 

2017–009’’. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The purpose of this proposed rule is 

to implement sections 816 and 1641 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2017 (Pub. 

L. 114–328). Sections 816 and 1641 

modify 41 U.S.C. 1903, Special 

Emergency Procurement Authority. The 

revisions to 41 U.S.C. 1903 establish 

special emergency procurement 

authorities to allow for higher micropurchase and simplified acquisition 

thresholds for acquisitions of supplies 

or services that facilitate defense against 

or recovery from cyber attack; support a 

request from the Secretary of State or 

the Administrator of the United States 

Agency for International Development 

to facilitate provision of international 

disaster assistance pursuant to 22 U.S.C. 

2292 et seq.; or support responses to an 

emergency or major disaster (42 U.S.C. 

5122), except that this new authority 

allows treatment of acquisitions, for 

property or a service, as a commercial 

item only for acquisitions to facilitate 

the defense against or recovery from a 

cyber attack against the United States. 

II. Discussion and Analysis 

This proposed rule provides for the 

following: 

1. Definitions. 

At FAR 2.101, definitions of 

‘‘emergency’’ and ‘‘major’’ disaster’’ 

were added to explain two of the new 

circumstances that can trigger the new 

emergency procurement authorities. The 

Defense Acquisition Regulations 

Council and the Civilian Agency 

Acquisition Council (the Councils) did 

not add a definition of ‘‘cyber attack’’ 

because there was no statutory 

definition, and the Councils did not 

want to limit the authority of the head 

of the agency to determine what 

constituted a cyber attack that should 

trigger the new authorities. There was 

also no statutory definition of 

‘‘international disaster assistance’’; 

however, the reference to 22 U.S.C. 2292 

et seq. provides additional guidance. 

Under the micro-purchase threshold, 

paragraph (3), and simplified 

acquisition threshold, paragraph (1), 

new language was added to include the 

expanded special emergency 

procurement authorities. 

2. The new circumstances that allow 

exercise of the special emergency 

procurement authorities were added to 

the relevant provisions that govern the 

micro-purchase threshold at FAR 

13.201(g)(1) and the simplified 

acquisition procedures for certain 

commercial items at FAR 13.500(c). 

However, only the new circumstance of 

acquiring supplies or services to 

facilitate defense against or recovery 

from a cyber attack was added at FAR 

12.102(f)(1), because acquisitions of 

supplies or services under the other new 

circumstances are not to be treated as an 

acquisition of commercial items. 

3. FAR part 18 provides a summary of 

emergency acquisition flexibilities 

throughout the FAR, so the changes in 

parts 2, 12, and 13 are reflected in 

conforming changes to part 18. 

4. Other conforming changes. 

• Cyber attack was added to the 

policy on market research at FAR 

10.001. This section already addresses 

market research in furtherance of 

disaster or emergency relief activities. 

• At FAR subpart 26.2, Disaster or 

Emergency Assistance Activities, a new 

paragraph (b) was added at FAR 26.202 

to clarify the link between the Stafford 

Act and the increased micro-purchase 

and simplified acquisition thresholds. 

III. Expected Impact of the Proposed 

Rule and Proposed Cost Savings 

Prior to enactment of the NDAA for 

FY 2017, for acquisitions of supplies or 

services that are to be used to support 

a contingency operation, or to facilitate 

defense against or recovery from 

nuclear, biological, chemical, or 

radiological attack, agencies had the 

authority, as provided in FAR part 13, 

to utilize the higher micro-purchase 

threshold (MPT) of $20,000 in lieu of 

$3,500 in the case of any contract to be 

awarded and performed, or purchase to 

be made, inside the United States; and 

$30,000 in the case of any contract to be 

awarded and performed, or purchase to 

be made, outside the United States 

(except for acquisitions of construction 

subject to 40 U.S.C. chapter 31, 

subchapter IV, Wage Rate requirements 

(Construction)). Additionally, prior to 

the enactment of the NDAA for FY 2017, 

agencies had the authority, as provided 

in FAR part 13, to utilize the higher 

simplified acquisition threshold (SAT) 

of $750,000 in lieu of $150,000 for any 

contract to be awarded and performed, 

or purchase to be made, inside the 

United States; and $1.5 million for any 

contract to be awarded and performed, 

or purchase to be made, outside the 

United States; and utilize the higher 

threshold of $13 million in lieu of $7 

million for use of simplified acquisition 

procedures (SAP) for the acquisition of 

commercial items (including 

acquisitions treated as acquisitions of 

commercial items to facilitate defense 

against or recovery from nuclear, 

biological, chemical or radiological 

attack). 

This proposed rule expands the use of 

the special emergency procurement 

authorities to apply to acquisitions of 

supplies or services that facilitate 

defense against or recovery from a cyber 

attack; support a request from the 

Secretary of State or the Administrator 

of the United States Agency for 

International Development to facilitate 

provision of international disaster 

assistance pursuant to 22 U.S.C. 2292 et 

seq.; or support a response to an 

emergency or major disaster (42 U.S.C. 

5122). 

DoD, GSA, and NASA have performed 

a regulatory cost analysis on this 

proposed rule. The following is a 

summary of the estimated public and 

Government cost savings, which are 


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calculated in 2016 dollars at a 7 percent 

discount rate. 

Public Cost Savings 

This rule will impact all businesses 

that submit offers in response to Federal 

solicitations issued for acquisitions 

below the MPT and SAT, if the 

solicitation is for an estimated value 

that falls within the range between the 

basic MPT or SAT and the higher 

threshold now authorized, thereby 

reducing the requirements imposed on 

the offerors when responding to the 

solicitation. 

The estimated annualized public 

savings, using a discount rate of 7 

percent is $1,327,836 (approximately 

$677,506 to other than small businesses 

and $650,330 to small business), with a 

present value savings of $18,969,086. 

To access the full Regulatory Cost 

Analysis for this rule, go to the Federal 

eRulemaking Portal at 

www.regulations.gov, search for ‘‘FAR 

Case 2017–009,’’ click ‘‘Open Docket,’’ 

and view ‘‘Supporting Documents.’’ 

DoD, GSA, and NASA welcome 

comments on both the methodology and 

the analysis during the public comment 

period for this rule. 

IV. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This rule does not add any new 

solicitation provisions or clauses, or 

impact any existing provisions or 

clauses. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety effects, 

distributive impacts, and equity). E.O. 

13563 emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This is a 

significant regulatory action and, 

therefore, was subject to review under 

section 6(b) of E.O. 12866, Regulatory 

Planning and Review, dated September 

30, 1993. This rule is not a major rule 

under 5 U.S.C. 804. 

VI. Executive Order 13771 

This rule is considered to be an E.O. 

13771 deregulatory action. Details on 

the estimated cost savings can be found 

in Section III of this preamble. 

VII. Regulatory Flexibility Act 

DoD, GSA, and NASA do not expect 

this rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act codified at 5 

U.S.C. 601 et seq. because the rule 

reduces compliance burdens on small 

entities. However, an Initial Regulatory 

Flexibility Analysis (IRFA) has been 

performed and it is summarized as 

follows: 

This rule implements sections 816 and 

1641 of the National Defense Authorization 

Act for Fiscal Year 2017 (Pub. L. 114–328), 

which amend 41 U.S.C. 1903. 

This rule expands special emergency 

procurement authorities for acquisitions of 

supplies or services that— 

• Facilitate defense against or recovery 

from a cyber attack; 

• Provide international disaster assistance 

under the Foreign Assistance Act of 1961; or 

• Support response to an emergency or 

major disaster under the Robert T. Stafford 

Disaster Relief and Emergency Assistance 

Act. 

The legal authority for this rule is sections 

816 and 1641 of the National Defense 

Authorization Act for Fiscal Year 2017 (Pub. 

L. 114–328), which amend 41 U.S.C. 1903. 

Based on an average of contract actions 

reported in the Federal Procurement Data 

System for fiscal years 2014–2016, this rule 

applies to less than 100 small entities that 

submit offers in response to solicitations for 

the acquisition of supplies or services— 

• Between $3,500 and $20,000 or between 

$150,000 and $750,000, to support response 

to emergencies or major disasters in the U.S.; 

• Between $3,500 and $30,000 or between 

$150,000 and $1.5 million, to provide 

international disaster assistance under the 

Foreign Assistance Act of 1961; and 

• Between $150,000 and $750,000 to 

facilitate defense against or recovery from 

cyber attacks. 

This rule reduces compliance requirements 

on small entities, resulting in estimated 

savings to affected small entities of 

approximately $650,330 in the first year. The 

professional skill-sets previously required 

before these threshold increases were midlevel journeyman. 

This rule reduces burdens on small 

entities, based on statutorily increased 

special emergency procurement authority. 

There are no alternatives consistent with the 

statute that would further reduce burdens on 

small entities. 

The Regulatory Secretariat Division 

has submitted a copy of the IRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. A copy of the 

IRFA may be obtained from the 

Regulatory Secretariat Division. DoD, 

GSA, and NASA invite comments from 

small business concerns and other 

interested parties on the expected 

impact of this rule on small entities. 

DoD, GSA, and NASA will also 

consider comments from small entities 

concerning the existing regulations 

affected by this rule consistent with 5 

U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 610 (FAR Case 

2017–009) in correspondence. 

VIII. Paperwork Reduction Act 

This proposed rule does not contain 

any information collection requirements 

that would require the approval of the 

Office of Management and Budget under 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 2, 10, 

12, 13, 18, and 26 

Government procurement. 

Dated: June 21, 2018. 

William F. Clark, 

Director, Office of Government-wide, 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA are 

proposing to amend 48 CFR parts 2, 10, 

12, 13, 18, and 26 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 2, 10, 12, 13, 18, and 26 continues 

to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Amend section 2.101 in paragraph 

(b)(2) by— 

■ a. Adding in alphabetical order the 

definitions ‘‘Emergency’’ and ‘‘Major 

disaster’’; 

■ b. Revising paragraph (3) of the 

definition ‘‘Micro-purchase threshold’’; 

and 

■ c. Revising paragraph (1) of the 

definition ‘‘Simplified acquisition 

threshold’’. 

The additions and revisions read as 

follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 

Emergency, as used in 6.208, 13.201, 

13.500, 18.001, 18.202, 18.203, and 

subpart 26.2, means any occasion or 

instance for which, in the determination 

of the President, Federal assistance is 

needed to supplement State and local 

efforts and capabilities to save lives and 

to protect property and public health 

and safety, or to lessen or avert the 

threat of a catastrophe in any part of the 

United States (42 U.S.C. 5122). 

* * * * * 

Major disaster, as used in 6.208, 

13.201, 13.500, 18.001, 18.202, 18.203, 

and subpart 26.2, means any natural 


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catastrophe (including any hurricane, 

tornado, storm, high water, winddriven 

water, tidal wave, tsunami, earthquake, 

volcanic eruption, landslide, mudslide, 

snowstorm, or drought), or regardless of 

cause, any fire, flood, or explosion, in 

any part of the United States, which, in 

the determination of the President, 

causes damage of sufficient severity and 

magnitude to warrant major disaster 

assistance under the Stafford Act to 

supplement the efforts and available 

resources of States, local governments, 

and disaster relief organizations in 

alleviating the damage, loss, hardship, 

or suffering caused thereby (42 U.S.C. 

5122). 

* * * * * 

Micro-purchase threshold * * * 

* * * * * 

(3) For acquisitions of supplies or 

services that, as determined by the head 

of the agency, are to be used to support 

a contingency operation; to facilitate 

defense against or recovery from cyber, 

nuclear, biological, chemical or 

radiological attack; to support a request 

from the Secretary of State or the 

Administrator of the United States 

Agency for International Development 

to facilitate provision of international 

disaster assistance pursuant to 22 U.S.C. 

2292 et seq.; or to support response to 

an emergency or major disaster (42 

U.S.C. 5122), as described in 

13.201(g)(1), except for construction 

subject to 40 U.S.C. chapter 31, 

subchapter IV, Wage Rate Requirements 

(Construction) (41 U.S.C. 1903)— 

(i) $20,000 in the case of any contract 

to be awarded and performed, or 

purchase to be made, inside the United 

States; and 

(ii) $30,000 in the case of any contract 

to be awarded and performed, or 

purchase to be made, outside the United 

States. 

* * * * * 

Simplified acquisition threshold 

means $150,000 (41 U.S.C. 134), except 

for— 

(1) Acquisitions of supplies or 

services that, as determined by the head 

of the agency, are to be used to support 

a contingency operation; to facilitate 

defense against or recovery from cyber, 

nuclear, biological, chemical, or 

radiological attack; to support a request 

from the Secretary of State or the 

Administrator of the United States 

Agency for International Development 

to facilitate provision of international 

disaster assistance pursuant to 22 U.S.C. 

2292 et seq.; or to support response to 

an emergency or major disaster (42 

U.S.C. 5122), (41 U.S.C. 1903), the term 

means— 

(i) $750,000 for any contract to be 

awarded and performed, or purchase to 

be made, inside the United States; and 

(ii) $1.5 million for any contract to be 

awarded and performed, or purchase to 

be made, outside the United States; and 

* * * * * 

PART 10—MARKET RESEARCH 

10.001 [Amended] 

■ 3. Amend section 10.001 by removing 

from paragraph (a)(2)(vi)(A) ‘‘recovery 

from’’ and adding ‘‘recovery from 

cyber,’’ in its place. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.102 [Amended] 

■ 4. Amend section 12.102 by removing 

from paragraph (f)(1) ‘‘recovery from’’ 

and adding ‘‘recovery from cyber,’’ in its 

place. 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 5. Amend section 13.201 by revising 

paragraph (g) to read as follows: 

13.201 General. 

* * * * * 

(g)(1) For acquisitions of supplies or 

services that, as determined by the head 

of the agency, are to be used to support 

a contingency operation; to facilitate 

defense against or recovery from cyber, 

nuclear, biological, chemical, or 

radiological attack; to support a request 

from the Secretary of State or the 

Administrator of the United States 

Agency for International Development 

to facilitate provision of international 

disaster assistance pursuant to 22 U.S.C. 

2292 et seq.; or to support response to 

an emergency or major disaster (42 

U.S.C. 5122), the micro-purchase 

threshold is— 

(i) $20,000 in the case of any contract 

to be awarded and performed, or 

purchase to be made, inside the United 

States; and 

(ii) $30,000 in the case of any contract 

to be awarded and performed, or 

purchase to be made, outside the United 

States. 

(2) Purchases using this authority 

must have a clear and direct 

relationship to the support of a 

contingency operation; or the defense 

against or recovery from cyber, nuclear, 

biological, chemical, or radiological 

attack; international disaster assistance; 

or an emergency or major disaster. 

* * * * * 

■ 6. Amend section 13.500 by revising 

paragraph (c)(1) to read as follows: 

13.500 General. 

* * * * * 

(c) * * * 

(1) The acquisition is for commercial 

items that, as determined by the head of 

the agency, are to be used in support of 

a contingency operation; to facilitate the 

defense against or recovery from cyber, 

nuclear, biological, chemical, or 

radiological attack; to support a request 

from the Secretary of State or the 

Administrator of the United States 

Agency for International Development 

to facilitate provision of international 

disaster assistance; or to support 

response to an emergency or major 

disaster; or 

* * * * * 

PART 18—EMERGENCY 

ACQUISITIONS 

■ 7. Amend section 18.001 by— 

■ a. Revising paragraph (b); 

■ b. Redesignating paragraph (c) as 

paragraph (d); and 

■ c. Adding a new paragraph (c). 

The revision and addition read as 

follows: 

18.001 Definition. 

* * * * * 

(b) To facilitate the defense against or 

recovery from cyber, nuclear, biological, 

chemical, or radiological attack against 

the United States; 

(c) 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 

* * * * * 

■ 8. Revise section 18.202 to read as 

follows: 

18.202 Defense or recovery from certain 

events. 

(a) Micro-purchase threshold. The 

threshold increases when the head of 

the agency determines the supplies or 

services are to be used to facilitate 

defense against or recovery from cyber, 

nuclear, biological, chemical, or 

radiological attack; to facilitate 

provision of international disaster 

assistance; or to support response to an 

emergency or major disaster. (See 

2.101.) 

(b) Simplified acquisition threshold. 

The threshold increases when the head 

of the agency determines the supplies or 

services are to be used to facilitate 

defense against or recovery from cyber, 

nuclear, biological, chemical, or 

radiological attack; to facilitate 

provision of international disaster 

assistance; or to support response to an 

emergency or major disaster. (See 

2.101.) 


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(c) Treating certain items as 

commercial. Contracting officers may 

treat any acquisition of supplies or 

services as an acquisition of commercial 

items if the head of the agency 

determines the acquisition is to be used 

to facilitate the defense against or 

recovery from cyber, nuclear, biological, 

chemical, or radiological attack. (See 

12.102(f)(1) and 13.500(c)(2).) 

(d) Simplified procedures for certain 

commercial items. The threshold limits 

authorized for use of this authority may 

be increased when it is determined the 

acquisition is to facilitate defense 

against or recovery from cyber, nuclear, 

biological, chemical, or radiological 

attack; to facilitate provision of 

international disaster assistance; or to 

support response to an emergency or 

major disaster. (See 13.500(c).) 

PART 26—OTHER SOCIOECONOMIC 

PROGRAMS 

■ 9. Revise the heading for subpart 26.2 

to read as follows: 

Subpart 26.2—Major Disaster or 

Emergency Assistance Activities 

* * * * * 

■ 10. Amend section 26.202 by 

designating the undesignated paragraph 

as paragraph (a) and adding paragraph 

(b) to read as follows: 

26.202 Local area preference. 

* * * * * 

(b) When using the authority under 

the Stafford Act, see the definitions of 

‘‘micro-purchase threshold’’ and 

‘‘simplified acquisition threshold’’ in 

2.101 for the authority to use an 

increased micro-purchase threshold and 

simplified acquisition threshold. 

[FR Doc. 2018–13730 Filed 6–25–18; 8:45 am] 

BILLING CODE 6820–EP–P 


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