6.302-2
Unusual and compelling urgency
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.