Common use of Fair Opportunity Clause in Contracts

Fair Opportunity. All contract holders will be given a fair opportunity to be considered for each delivery order exceeding $3,000 in accordance with the FAR as follows: 1. For orders exceeding the simplified acquisition threshold up to $5 Million, in accordance with 16.505(b)(1)(iii); and,‌‌‌ 2. For orders exceeding $5 Million, in accordance with FAR 16.505(b) (1) (IV). Unless one of the following statutory exceptions applies (see FAR 16.505(b)(2)(i)): 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 contract holder 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 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. d. It is necessary to place an order to satisfy a minimum guarantee. 3. For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. 4. In accordance with section 1331 of Public Law 111-240 (15 U.S.C. 644(r)), OCOs may, at their discretion, set aside orders for any of the small business concerns identified in FAR 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in FAR part 19, Small Business Programs, apply.‌‌‌‌‌‌ The OCO has the discretion to compete a requirement for a delivery order only among contract holders that are designated as OEMs or only among those that are designated as VARs, or both. To quickly fulfill anticipated repetitive requirements for commodities or solutions, the OCO may award consolidated delivery orders if it is in the best interest of the Government and meets the Government's needs. Such orders can serve to reduce administrative lead-time and afford the agency the ability to obtain better pricing through leveraged buying power and help achieve Strategic Sourcing goals delineated in Article H.14.