Exceptions to Fair Opportunity Clause Samples
The "Exceptions to Fair Opportunity" clause defines circumstances under which a contracting party is not required to provide all eligible vendors or contractors with an equal chance to compete for a particular order or task. In practice, this clause typically applies in government or large organizational contracts where, for reasons such as urgency, unique capabilities, or continuity of service, the usual competitive process can be bypassed. Its core function is to allow flexibility in procurement by permitting direct awards or limited competition when strict adherence to fair opportunity would be impractical or counterproductive.
Exceptions to Fair Opportunity. In accordance with FAR 16.505(b) and DFARS 216.505-70, TO competition will be given to all awardees in the applicable suite, unless one of the conditions set forth therein applies. When an exception to the fair opportunity exists, the TO may be processed as a sole source procurement, including documentation/justification of the exception to fair opportunity.
Exceptions to Fair Opportunity. The Agency CO will provide each awardee fair opportunity as defined in Section H.3.1, Fair Opportunity Consideration Award Methods, unless one of the following exceptions applies:
A. The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;
B. Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;
C. The order must be issued on a sole source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original TO; or
D. It is necessary to place an order to satisfy a minimum guarantee.