FAR 6.302-2—Unusual and compelling urgency.
Plain-English Summary
FAR 6.302-2 covers the sole-source or limited-competition authority for "unusual and compelling urgency," which allows an agency to limit competition when delay would seriously injure the Government. This section explains when the authority applies, including situations where the urgency itself prevents full and open competition and where delaying award would cause serious financial or other harm. It also addresses the required written justification and approval process under FAR 6.303 and 6.304, including the fact that those approvals may be completed after award if doing so beforehand would unreasonably delay the acquisition. The rule further requires agencies to solicit as many potential sources as practicable, even when competition is limited, and it imposes strict period-of-performance limits. Those limits include a general cap tied to the time needed to meet the urgent need and transition to a competitive follow-on contract, plus a one-year ceiling unless the agency head determines exceptional circumstances exist. The section also covers separate determinations for later modifications that extend performance beyond one year, the approval level for those determinations, the applicability of these requirements to contracts above the simplified acquisition threshold, and the fact that the exceptional-circumstances determination is in addition to the justification approval.
Key Rules
Urgency may limit competition
The Government may limit sources when an unusual and compelling urgency makes full and open competition impracticable and delay would seriously injure the Government. This is a narrow exception, not a general convenience-based shortcut.
Serious injury must be shown
The authority applies only when delaying award would cause serious injury, financial or otherwise, to the Government. The agency must be able to connect the urgency to real harm from delay.
Written justification required
Contracts using this authority must be supported by the written justification and approval required by FAR 6.303 and 6.304. If preparing and approving the justification before award would unreasonably delay the acquisition, it may be completed after award.
Solicit as many sources as practicable
Even under urgent circumstances, the agency must request offers from as many potential sources as is practicable. The authority permits limited competition, not unnecessary exclusion of available sources.
Performance period is tightly limited
The contract or modification may run only as long as needed to satisfy the urgent requirement and allow time to award a follow-on contract competitively. As a general rule, it may not exceed one year, including options, unless the agency head determines exceptional circumstances exist.
Exceptional circumstances need separate approval
If performance will exceed one year under this authority, the agency head’s determination of exceptional circumstances must be documented in the file. Later modifications that extend the cumulative period beyond one year require a separate determination, approved at the same level as the delegated agency-head authority.
Applies above simplified acquisition threshold
The period-of-performance limits in paragraph (d) apply to any contract over the simplified acquisition threshold. The exceptional-circumstances determination is in addition to, not a substitute for, the justification approval.
Responsibilities
Contracting Officer
Determine whether the urgency is truly unusual and compelling, document the basis for limiting competition, request offers from as many sources as practicable, and ensure the contract file contains the required justification and approvals. The contracting officer must also manage the period of performance so it does not exceed the regulatory limits without the proper exceptional-circumstances determination.
Agency Head
Make and document the exceptional-circumstances determination when the contract’s period of performance will exceed one year under this authority. This determination is required in addition to the justification approval and may be made after award if pre-award action would unreasonably delay the acquisition.
Approving Official
Approve the written justification under FAR 6.304 at the required level, and approve any separate exceptional-circumstances determination at the same level as the delegated agency-head authority when a later modification extends performance beyond one year.
Program/Requirement Owner
Provide the facts showing the urgency, the harm from delay, and the minimum performance period needed to meet the urgent requirement and transition to a competitive follow-on acquisition.
Agency
Use this authority only when the statutory conditions are met, maintain the required documentation in the contract file, and plan for a competitive follow-on acquisition as soon as practicable.
Practical Implications
This authority is for true emergencies and urgent mission needs, not for poor planning or routine schedule pressure. If the record does not show why delay would seriously injure the Government, the justification is vulnerable.
Agencies still have to compete to the maximum extent practicable. A common mistake is treating urgent authority as permission to contact only one source when several could reasonably be approached.
The period of performance is a major compliance risk. Contracting officers must track the one-year limit, including options and cumulative extensions, and obtain the extra determination before exceeding it.
Post-award justification or exceptional-circumstances approval is allowed only when pre-award action would unreasonably delay the acquisition. That exception should be used carefully and documented clearly.
Because the authority is temporary, agencies should plan the follow-on competitive acquisition early. Failing to transition back to competition can lead to repeated urgent actions and weak file support.
Official Regulatory Text
(a) Authority. (1) Citations: 10 U.S.C. 3204(a)(2) or 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.