6.302-2 Unusual and compelling urgency
Source: FAR 6.302-2 on acquisition.gov
FAR 6.302-2 permits limited competition in urgent situations, but requires strict justification, approval, and time limits to ensure accountability and prevent abuse.
Overview
FAR 6.302-2 allows agencies to limit competition and use noncompetitive procedures when there is an unusual and compelling urgency, and delaying the contract award would seriously harm the Government. This exception to full and open competition is tightly controlled, requiring written justification, approval, and adherence to strict time limits on contract performance. Agencies must still solicit from as many sources as practicable and document all determinations, especially if the contract period exceeds one year.
Key Rules
- Authority for Limited Competition
- Agencies may bypass full and open competition if urgent needs would cause serious injury to the Government without immediate action.
- Application Criteria
- Applies only when urgency precludes competition and delay would result in serious harm.
- Justification and Approval
- Written justification per FAR 6.303 and approval per FAR 6.304 are required; these may be completed post-award if pre-award would cause unreasonable delay.
- Solicitation Requirement
- Agencies must request offers from as many sources as practicable under the circumstances.
- Period of Performance Limitations
- The contract period may not exceed what is necessary to meet urgent needs and transition to a competitive contract, and generally may not exceed one year unless exceptional circumstances are documented and approved.
- Additional Determinations for Extensions
- Extensions beyond one year require a separate, high-level determination and documentation.
Responsibilities
- Contracting Officers: Must document urgency, seek as much competition as possible, obtain required justifications/approvals, and monitor contract duration.
- Contractors: Must respond quickly to solicitations and be prepared for short contract periods.
- Agencies: Must ensure oversight, proper documentation, and compliance with justification and approval requirements.
Practical Implications
- This section exists to allow rapid procurement in emergencies or urgent situations, but with safeguards to prevent abuse.
- Contractors may see limited competition opportunities but should be aware of short performance periods and possible follow-on competitions.
- Common pitfalls include inadequate justification, exceeding time limits, or failing to solicit from multiple sources when possible.
(a) Authority.
(1) Citations: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim" target="_blank">10 U.S.C. 3204(a)(2) or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304(a)(2)&num=0&edition=prelim" target="_blank">41 U.S.C. 3304(a)(2).
(2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for.
(b) Application. This authority applies in those situations where-
(1) An unusual and compelling urgency precludes full and open competition; and
(2) Delay in award of a contract would result in serious injury, financial or other, to the Government.
(c) Limitations.
(1) Contracts awarded using this authority shall be supported by the written justifications and approvals described in 6.303 and 6.304. These justifications may be made and approved after contract award when preparation and approval prior to award would unreasonably delay the acquisition.
(2) This statutory authority requires that agencies shall request offers from as many potential sources as is practicable under the circumstances.
(d) Period of Performance.
(1) The total period of performance of a contract awarded or modified using this authority-
(i) May not exceed the time necessary-
(A) To meet the unusual and compelling requirements of the work to be performed under the contract; and
(B) For the agency to enter into another contract for the required goods and services through the use of competitive procedures; and
(ii) May not exceed one year, including all options, unless the head of the agency determines that exceptional circumstances apply. This determination must be documented in the contract file.
(2)
(i) Any subsequent modification using this authority, which will extend the period of performance beyond one year under this same authority, requires a separate determination. This determination is only required if the cumulative period of performance using this authority exceeds one year. This requirement does not apply to the exercise of options previously addressed in the determination required at paragraph (d)(1)(ii) of this section.
(ii) The determination shall be approved at the same level as the level to which the agency head authority in paragraph (d)(1)(ii)of this section is delegated.
(3) The requirements in paragraphs (d)(1) and (2) of this section shall apply to any contract in an amount greater than the simplified acquisition threshold.
(4) The determination of exceptional circumstances is in addition to the approval of the justification in 6.304.
(5) The determination may be made after contract award when making the determination prior to award would unreasonably delay the acquisition.