FAR 18.104—Unusual and compelling urgency.
Plain-English Summary
FAR 18.104 is a short but important cross-reference provision in the FAR’s emergency and contingency contracting framework. It addresses contracting actions involving urgent requirements and explains that agencies may limit the number of sources and may proceed without full and open competition when the situation qualifies as an unusual and compelling urgency. In practice, this section points contracting officers to the authority in FAR 6.302-2, which is the specific statutory and regulatory basis for using other than full and open competition in urgent circumstances. The section matters because it recognizes that some needs cannot wait for a normal competitive acquisition timeline, but it does not eliminate the need for justification, documentation, or disciplined acquisition planning. For contractors, it signals that urgent buys may be competed among only a few sources or awarded noncompetitively; for agencies, it underscores that urgency is an exception, not a routine shortcut.
Key Rules
Urgent requirements exception
Agencies may use special acquisition procedures when requirements are urgent and cannot be satisfied in time through normal full and open competition. The urgency must be real and tied to the government’s need, not simply convenience or poor planning.
Limited source competition allowed
The agency may limit the number of sources it solicits when the urgency justifies a narrower competition. This means the contracting officer can seek offers from only a few capable sources if that is necessary to meet the urgent need.
Full and open competition not required
For qualifying urgent actions, the agency does not have to provide full and open competition. The authority for this exception is found in FAR 6.302-2, which governs unusual and compelling urgency.
Cross-reference to justification rules
This section is not a stand-alone authority; it directs users to FAR 6.302-2 for the substantive requirements. In practice, the contracting officer must still satisfy the applicable justification and approval requirements and document why the urgency prevents normal competition.
Responsibilities
Contracting Officer
Determine whether the requirement truly qualifies as an urgent need, decide whether to limit sources or use other than full and open competition, and ensure the action is supported by the required justification and documentation under FAR 6.302-2 and related procedures.
Agency
Use the urgency authority only when necessary, support contracting personnel with timely requirements information, and ensure internal controls and approvals are in place so urgent acquisitions are not used to bypass competition improperly.
Requiring Activity / Program Office
Identify the urgent need early, provide accurate facts about the mission impact and timing, and avoid creating or worsening the urgency through late planning when the need could have been forecast.
Contractor / Potential Offeror
Respond quickly to limited-scope solicitations or urgent requests, understand that competition may be restricted, and be prepared for accelerated proposal, pricing, and performance timelines.
Practical Implications
This section is often used when delay would seriously harm the government’s mission, so speed becomes a primary acquisition driver.
A common pitfall is treating poor planning as urgency; the exception is meant for genuine emergencies, not avoidable schedule problems.
Contracting officers should still document the basis for urgency and the rationale for limiting sources, because urgency does not remove accountability.
Contractors may see fewer opportunities to compete on these actions, but they may also face rapid-turnaround solicitations and compressed performance starts.
Because this is a cross-reference provision, users must read it together with FAR 6.302-2 and the applicable justification and approval requirements to understand the full rule set.
Official Regulatory Text
Agencies may limit the number of sources and full and open competition need not be provided for contracting actions involving urgent requirements. (See 6.302-2 .)