UNUSUAL AND COMPELLING URGENCY
Guidance regarding use of this authority is at FAR 6.302-2 and supplements thereto. It applies when the need for supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the number of sources solicited is limited to those specified. As with exception 1, this limited competition is not necessarily the same as "sole source". The CO is obligated to request offers from as many potential sources as practical under the circumstances. Contracting Officers shall contact SAF/AQCK as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring SPE approval. When citing this authority, the J&A may be prepared and approved after contract award or issuance of an undefinitized contract action when preparation and approval prior to award would unreasonably delay the acquisition. (FAR 6.302-2(c))
When Applicable:
For example, this authority was used to provide rapid deployment of developmental systems to support Operation Desert Shield/Desert Storm. The authority has also been used to extend existing critical service contracts when the award of a follow-on contract has been delayed by conditions that could not have been foreseen, such as protests prior to award. The authority may apply whenever unusual urgency precludes full and open competition and delay of the award would result in serious injury, financial or other, to the government. This authority is typically used in conjunction with expedited contracting procedures, such as undefinitized contract actions (e.g., unpriced orders and letter contracts - see FAR 16.6 and DFARS 217.74). Typically, these requirements are also granted exceptions from the requirement to publicize the anticipated contract action per FAR 5.202. When using this authority for replenishment spares, it applies only to the minimum quantity needed to preclude harm to the government. DFARS PGI 206.302-2 cites several examples where this authority might be invoked.
Key Points for the Justification:
The most critical aspect of these justifications is quantifying the nature of the serious injury. If any delay will place financial obligations on the government, these costs must be estimated and the basis of the estimate explained in the justification. If potential personnel injuries or loss of life are possible, describe the conditions that create this condition and why no actions other than the planned acquisition could avert these conditions. If the defensive posture of the United States would be seriously jeopardized, explain the impaired defensive capability.
The justification must explain the extent to which competition is limited (one source or multiple sources) and show that competition was obtained to the maximum extent possible given the conditions described in the justification. If the conditions surrounding the acquisition are similar to those cited under exception 1 (i.e., only one responsible source), be sure to detail these competition impediments in the justification to provide additional support for the limitation of competition.