(A) An emergency, as defined in the Disaster Relief Act of 1974;
(B) A contingency operation (see FAR 2.101(b)); or
(C) The release or threatened release of hazardous substances (as defined in 4 U.S.C. 9606, Section 106);
(ii) The head of the contracting activity has made a determination, after consultation with the cognizant comptroller, that conditions exist that limit normal business operations; and
(iii) Payments will be made in the operational area or made contingent upon receiving supporting documentation (i.e., contract, invoice, and receiving report) from the operational area.
(2) Criteria limiting normal business operations during emergencies and contingency operations that restrict the use of FAR 32.9 may include such conditions as-
(i) Support infrastructure, hardware, communications capabilities, and bandwidth are not consistently available such that normal business operations can be carried out;
(ii) Support resources, facilities, and banking needs are not consistently available for use as necessary in carrying out normal business operations;
(iii) Military mission priorities override the availability of appropriately skilled personnel in support of back-office operations;
(iv) Mobility impairments and security concerns restrict free movement of personnel and documents necessary for timely processing;
(v) Foreign vendors are not familiar with or do not understand DoD contract requirements (i.e., proper invoice, receiving documentation, and contracting terms); or
(vi) Documents received in support of payment requests and shipments require language translations that can not be performed and documented within normal business processing times.
(3) Subsequent Determinations. The head of the contracting activity shall make subsequent determinations, after consultation with the cognizant comptroller, as the operational area evolves into either a more stable or less stable environment.
