Legislation requires a certain workload be fully transitioned by the end of FY2011. System limitations within the agency have indicated that we will be unable to meet this date and will in fact need an additional 18 months (approximately) to completely transition this workload. The transition of the workload will have a significant impact on the American public. There has been a hesitation to incur multiple transitions of this work in a short period of time, due to the complexity of the work and the impact on the public participating in our program. At the time of the mandated cutover date, it is estimated that 60% of the workload will have been transitioned.

Knowing we are unable to complete this effort now, and the understanding the political and cost impact of having multiple transitions in a short time frame, would it be reasonable to use the Unusual and Compelling Urgency authority to JOFOC the remaining 40% of the workload to the existing contractor with strict stipulations that this work will be moved out over the next 18 months. This JOFOC would include the cost to the Government for running a full and open competition, transitioning the workload twice in a short period of time, and the impact to the general public in having to experience two transitions as the workload would move to a temporary contractor until it could be further parsed out to the existing contractor community. Considering the ?injury, financial or other, to the Government? (FAR 6.302-2((2)), I was wondering: Is this was a reasonable use of this authority? Are there other authorities that would be reasonable? or Is a full and open competition the only viable option.

Any thoughts would be greatly appreciated.

How would you justify that your situation was not the result of a lack of advance planning by the requiring activity?

Legislation requires a certain workload be fully transitioned by the end of FY2011. System limitations within the agency have indicated that we will be unable to meet this date and will in fact need an additional 18 months (approximately) to completely transition this workload. The transition of the workload will have a significant impact on the American public. There has been a hesitation to incur multiple transitions of this work in a short period of time, due to the complexity of the work and the impact on the public participating in our program. At the time of the mandated cutover date, it is estimated that 60% of the workload will have been transitioned.

Knowing we are unable to complete this effort now, and the understanding the political and cost impact of having multiple transitions in a short time frame, would it be reasonable to use the Unusual and Compelling Urgency authority to JOFOC the remaining 40% of the workload to the existing contractor with strict stipulations that this work will be moved out over the next 18 months. This JOFOC would include the cost to the Government for running a full and open competition, transitioning the workload twice in a short period of time, and the impact to the general public in having to experience two transitions as the workload would move to a temporary contractor until it could be further parsed out to the existing contractor community. Considering the ?injury, financial or other, to the Government? (FAR 6.302-2((2)), I was wondering: Is this was a reasonable use of this authority? Are there other authorities that would be reasonable? or Is a full and open competition the only viable option.

Any thoughts would be greatly appreciated.

Your post indicates that you want to use use "Unusual and Compelling Urgency" authority for over a one year paeriod. Have you consulted with your Legal Office concerning how you desired use of "Unusual and Compelling Urgency" authority is impacted by Section 862 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, P.L. 110-417, 122 Stat. 4356, which geneerally limits contracts and/or contract actions entered into under "Unusual and Compelling Urgency" authority to one year?