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10 U.S.C. 2304(c)(2) Unusual and Compelling Urgency

• 10 U.S.C. 2304(c)(2) Unusual and Compelling Urgency

• Guidance located at FAR 6.302-2 and DFARS/PGI 206.302-2
• Contracts awarded pursuant to this authority (FAR rule in process) limited to no more than 1 year
• 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
• Must solicit as many sources as practicable under the circumstances
• Appropriate when an unusual urgency precludes full and open competition, and delay of the award would result in serious injury, financial or other, to the government
• Initial response to crisis (e.g. Hurricane Katrina & 9/11)
• Examples (DFARS 206.302-2(b))
• Supplies, services or construction needed at once because of fire, flood, explosion, or other disaster
• Essential equipment or repair needed at once to perform operational mission of an aircraft; or preclude impairment of launch capabilities or mission performance of missiles or missile support equipment
• Construction needed at once to preserve a structure or its contents from damage