Emergency acquisition flexibilities, as used in this part, means flexibilities provided with respect to any acquisition of supplies or services by or for an executive agency that, as determined by the head of an executive agency, may be used -

1. (a) In support of a contingency operation as defined in 2.101;
2. (b) To facilitate the defense against or recovery from nuclear, biological, chemical, or radiological attack against the United States; or
3. (c) When the President issues an emergency declaration, or a major disaster declaration.

[71 FR 38248, July 5, 2006, as amended at 74 FR 52860, Oct. 14, 2009]