18.104
Unusual and compelling urgency
FAR 18.104 permits agencies to limit competition for urgent requirements, but strict justification and documentation are required.
Overview
FAR 18.104 allows agencies to limit competition and bypass full and open competition requirements when faced with unusual and compelling urgency. This provision is designed to enable rapid procurement in situations where urgent needs cannot be met through standard competitive procedures. Contracting officers may use this authority to expedite acquisitions, provided the urgency is properly justified and documented. Reference to FAR 6.302-2 is required for detailed procedures and justification requirements.
Key Rules
- Limiting Competition in Urgent Situations
- Agencies are permitted to restrict the number of sources and forego full and open competition when urgent requirements arise.
- Reference to Justification Procedures
- Actions taken under this authority must comply with the justification and approval procedures outlined in FAR 6.302-2.
Responsibilities
- Contracting Officers: Must determine and document the existence of unusual and compelling urgency, and follow justification procedures.
- Contractors: Should be aware that urgent requirements may be procured through limited competition.
- Agencies: Must ensure proper oversight and documentation of the urgency determination and justification.
Practical Implications
- This section exists to allow agencies to respond quickly to urgent needs, such as emergencies or mission-critical requirements.
- It impacts daily contracting by enabling faster procurement but requires careful documentation to avoid misuse.
- Common pitfalls include inadequate justification or failure to follow required procedures, which can lead to protests or contract challenges.