This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract.
As prescribed in AI 5116.506-100(a), insert clause 5152.216-5900, Fair Opportunity for Multiple Award IDIQ Contracts, in all multiple award IDIQ contracts and all associated task/delivery orders.
FAIR OPPORTUNITY FOR MULTIPLE AWARD IDIQ CONTRACTS (AUG 2011)
(a) For each proposed issuance of a delivery/task order, the Contracting Officer will solicit all contractors under this multiple award contract vehicle by providing a notice of the intent to make the purchase, a description of the requirement, and the basis upon which the Contracting Officer will make the selection. Contracting Officers may use streamlined proposal procedures, including oral presentations.
(b) This notice will normally be provided by e-mail. Contractors shall provide the Contracting Officer with a primary and a back-up e-mail address. The government is not responsible for ensuring the contractor receives any notice.
(c) Contracting Officers will fairly consider all responses received by evaluating price and any other factors listed in the notice. The Contracting Officer reserves the right to select an awardee based on initial offers. No protest under FAR Subpart 33.1 is authorized in connection with the award of any order, except for a protest on the grounds that the order increases the SCO-A, period, or maximum value of the contract (10 U.S.C. 2304c(e) and 41 U.S.C. 253j(d)), with the exception of task orders with a value of greater than $10M which are subject to Section 843 of the National Defense Authorization Act for FY 2008.
(d) Exceptions to the Fair Opportunity Process: The Contracting Officer may not provide fair opportunity to all contract awardees if: “(i) The need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays; (ii) 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; (iii) 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 order; (iv) it is necessary to place an order to satisfy a minimum guarantee.”
(End of Clause)
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