Impact of the President’s Proclamation of a National Emergency on Contracting with the Federal Government
 
November 20, 2001
 
David Dempsey - Northern Virginia

The President’s proclamation of a national emergency after the September 11, 2001, terrorist attacks, and the ongoing efforts of U.S. military forces engaged in the Campaign make it clear that the federal government is not conducting "business as usual." Federal agencies are immersed in assessing vulnerabilities to terrorist attacks and taking rapid action to mitigate risks. These unprecedented events permit the federal government to make procurement decisions based on an "unusual and compelling urgency," the result of which is, in many cases, a relaxation of procurement policies and requirements, which allow federal agencies to contract quickly in response to the nation’s security and defense needs.

On October 9, 2001, the Under Secretary of Defense authorized the use of "contingency operations" contracting procedures for "Operation Enduring Freedom" (Enduring Freedom or the Campaign). Contingency operations begin when the President decides to commit U.S. military forces to respond to developing world conditions that, in his judgment, affect U.S. interests. Emergency and supplemental funding are made available to support the costs associated with contingency operations.