Emergency Contracting Authorities

Publication Date: September 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Business

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Abstract:

Hurricane Katrina has given rise to many emergency contracting situations. This report will attempt to identify and summarize the primary emergency contracting authorities which might be available to facilitate response to these situations. Generally, these authorities may be divided into two categories, general emergency authority, and emergency (or national interest) exceptions to general procurement statutes or regulations. The general rules governing procurement by the Government are set out in federal procurement statutes, most codified in Title 41 of the United States Code (U.S.C.) and in the Federal Acquisition Regulation, codified in Title 48 of the Code of Federal Regulations. Some of these contracting authorities contain exemptions from certain rules in time of emergency. There are, also, some emergency statutes which contain more general emergency contracting authorities. This report will discuss these two types of provisions.