Common use of Exceptions to Fair Opportunity Clause in Contracts

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.