Fair Opportunity. OCOs are required to follow the Fair Opportunity procedures specified in FAR 16.505(b)(1) and the exceptions to Fair Opportunity in FAR 16.505(b)(2). Use of Exception (d) “...to satisfy a minimum guarantee” requires approval by the Master Contract PCO. Task Orders resulting from an exception to fair opportunity will be reviewed by the PCO/ACO for possible gaps in the information technology or lack of capacity within the pool of awarded contractors that might inhibit adequate competition for similar requirements in the future. Based on any identifiable IT gaps found by the Government, an Open Season might be necessary to introduce new IT contractors to the GWAC pool if in the best interest of the Government.
Fair Opportunity. Any Request for Task Order Proposal (RTOP) issued under Suite 1 will be competed among the members of Suite 1only. Likewise, any Request for Task Order Proposal (RTOP) under Suite 2 will be competed among the members of Suite 2 only. In the instance that Contractor’s response(s) for RTOP under Suite 1, is deemed unacceptable, the action may be cancelled under Suite 1 and re-solicited under Suite 2. If the RTOP is re-issued under Suite 2, all Suite 1 firms who submitted an offer in response to the cancelled RTOP under Suite 1 will be provided fair opportunity for consideration for the RTOP re-competed under Suite 2.
(1) The MCoE ID/IQ is being solicited as one solicitation resulting in the award of two multiple-award TO contract (MATOC) suites. Suite 1 is being solicited and will be awarded as a 100% Small Business Set-Aside, while Suite 2 is being solicited and will be awarded as an Unrestricted Full and Open Competition. Therefore, the competition requirements in FAR Part 6 and the policies in FAR Subpart 15.3 DO NOT APPLY to the ordering process.
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.
Fair Opportunity. OCOs must follow the Fair Opportunity procedures specified in FAR 16.505(b)(1) and the exceptions to Fair Opportunity in FAR 16.505(b)(2). Use of the GSA eBuy system by the OCO will ensure that all Basic contract holders are notified of each Task Order request. Information and instruction on the use of the eBuy system is furnished at xxx.xxx.xxx/xxxx
Fair Opportunity. (1) All Orders in excess of $3,500 to be awarded under this MAC will be competed per FAR 16.505(b)(1)(i), Fair Opportunity, and DFARS 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies. Per FAR 16.505(b)(1) and DFARS 216.505-70, Orders will be tailored to specific project requirements and awarded per the evaluation criteria established in the Order solicitation. Exceptions to fair opportunity will be processed per FAR 16.505(b)(2(ii).
(2) During the Fair Opportunity Process, the Government may: elect to conduct a restricted or an unrestricted competition. The Government may elect to restrict competition for Orders, either totally or in part, to Small Businesses or other available Small Business Administration (SBA) small business designations (i.e., 8(a), HubZone, Service Disabled Veteran Owned Small Business (SDVOSB), Economically Disadvantaged Women- Owned Small Business (EDWOSB). The Order solicitation will notify Offerors if the Order will be solicited on a restricted or an unrestricted basis.
Fair Opportunity. 18.1. OCOs must follow the Fair Opportunity procedures specified in FAR 16.505(b)(1) and the exceptions to Fair Opportunity in FAR 16.505(b)(2) with issuing a task order that exceeds the 8(a) competition threshold. DoD guidance on the above is contained at DFARS 216.505-70.
Fair Opportunity. In accordance with FAR 16.505(b)(1), the KO must provide each contract awardee a fair opportunity to be considered for each TO exceeding $3,500.00, except as provided at FAR 16.505(b)(2). Pursuant to FAR 16.505(b)(1)(iii), each order exceeding the simplified acquisition threshold shall be placed on a competitive basis unless supported by a written determination that one of the circumstances described at 16.505(b)(2)(i) applies to the order and the requirement is waived on the basis of a justification that is prepared in accordance with 16.505(b)(2)(ii)(B).
Fair Opportunity. (1) All Orders in excess of $3,500 to be awarded under this MAC will be competed per FAR 16.505(b)(1)(i), Fair Opportunity, and DFARS 216.505-70, Ordering Under Multiple Award Contracts, unless one of the exceptions to fair opportunity at FAR 16.505(b)(2)(i) applies. Per FAR 16.505(b)(1) and DFARS 216.505-70, Orders will be tailored to specific project requirements and awarded per the evaluation criteria established in the Order solicitation. Exceptions to fair opportunity will be processed per FAR 16.505(b)(2(ii).
(2) During the Fair Opportunity Process, the Government may: elect to conduct a restricted or an unrestricted competition. The Government may elect to restrict competition for Orders, either totally or in part, to Small Businesses or other available Small Business Administration (SBA) small business designations (i.e., 8(a), HubZone, Service Disabled Veteran Owned Small Business (SDVOSB), Economically Disadvantaged Women- Owned Small Business (EDWOSB). The Order solicitation will notify Offerors if the Order will be solicited on a restricted or an unrestricted basis.
(3) In order to be eligible as a Small Business or as a specific SBA small business designation during the competitive ordering process, the Offeror must have had that status at the time of proposal submission that resulted in the award of the Base IDIQ contract award. For competitive order solicitations that are restricted to Small Business, 8(a) ,HubZone, SDVOSB, EDWOSB, or WOSB, the Prime Contractor agrees:
Fair Opportunity. (i) The contracting officer shall provide MACRAV awardees a fair opportunity to be considered for each order exceeding $3,000, except as provided for in section C (Exemptions to fair opportunity process) below.
(a) The contracting officer may exercise broad discretion in developing evaluation criteria and may consider the following factors in the placement of delivery orders: - Technical Approach - Past Performance - Quality of Deliverables - Price - Response time - Other factors relevant to the placement of delivery orders
(b) The justification for an exemption to fair opportunity for orders exceeding $3,000, but not exceeding the simplified acquisition threshold, shall be in writing. The contracting officer shall document the basis for using an exception to the fair opportunity process. If the contracting officer uses the logical follow- on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).
(ii) Orders exceeding the simplified acquisition threshold.
(a) Each order exceeding the simplified acquisition threshold shall be placed on a competitive basis, unless supported by a written determination that one of the circumstances described at section C (Exemption to the fair opportunity process) applies to the order and the requirement is waived on the basis of a justification that is prepared in accordance with FAR 16.505(b)(2)(ii)(B). Publicizing justifications for exemption to fair opportunity shall be posted in accordance with FAR 16.505(b)(2)(ii)(D).
Fair Opportunity. Pursuant to DFARS 216.505-70(b), task orders exceeding $150,000.00 shall be placed on a competitive basis unless an allowable exception to the fair opportunity process applies and is determined to be in the Government’s best interest. The allowable exceptions set forth in FAR 16.505(b)(2) and DFARS 216.505-70(b)(2) are synopsized below: • Urgency • Sole source due to unique or specialized nature of the requirement and only one awardee is capable of providing support at the required level of quality • Sole source based on the interest of economy and efficiency, i.e., a logical follow-on to an order already placed under the requirement • Required to satisfy a minimum guarantee • Expressly authorized by statute for award to a specified source
