Common use of EXCEPTIONS TO THE FAIR OPPORTUNITY PROCESS Clause in Contracts

EXCEPTIONS TO THE FAIR OPPORTUNITY PROCESS. (OCT 2012) (1) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. (2) 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. (3) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is 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 order. (4) It is necessary to place an order to satisfy a minimum guarantee. (5) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. (6) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. As with any decision under the fair opportunity process, OCO must document the use of any exception to the Fair Opportunity Process. Certain Agencies may place additional Agency requirements for use of an exception to the fair opportunity process. In all instances the Agency or the Agency conducting the fair opportunity process on behalf of another Agency, must fulfill the requiring Agency’s additional requirements for use of an exception and the documentation required.

EXCEPTIONS TO THE FAIR OPPORTUNITY PROCESS. (OCT 2012Orders may be issued on a sole-source basis whenever circumstances warrant the exercise of any exception set forth in FAR Subpart 16.505(b)(2). In accordance with FAR 15.505(b)(2) fair opportunity need not apply to orders that are under $2,500, and is excepted for service orders above $2,500 where the Contracting Officer determines that: (1) The agency need for the supplies or services ordered is so urgent of such unusual urgency that providing a fair such opportunity to all contractors would result in unacceptable delaysdelays in fulfilling that need. (2) Only one awardee contractor 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. (3) The order must should be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given on a fair opportunity to be considered for the original ordercompetitive basis. (4) It is necessary to place an the order with a particular contractor to satisfy a the minimum guaranteerevenue guarantee (A PCO determination only. (5) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. (6) In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply. As with any decision under the fair opportunity process, OCO must document the use of any exception to the Fair Opportunity Process. Certain Agencies may place additional Agency requirements for use of an exception to the fair opportunity process. In all instances the Agency or the Agency conducting the fair opportunity process on behalf of another Agency, must fulfill the requiring Agency’s additional requirements for use of an exception and the documentation required.