Fair Opportunity Process Clause Samples

Fair Opportunity Process. (1) Authorized users (or GSA acting on their behalf) will use the fair opportunity process specified in FAR Subpart 16.505(b)(1) in selecting order contractors. (2) Ordering Contracting Officers from the Agencies will develop and document the process according to FAR standards. OCOs should review and become very familiar with FAR 16.505. (3) Competitive order contractor selection criteria will be established by the OCO. (4) Tradeoff or low price - technically acceptable evaluations are authorized. (5) Price is always a required evaluation factor for source selection based upon merit. (6) Past performance is always a required evaluation factor for task orders estimated to be valued at over $100,000.00. (7) The Government may require oral presentations. (8) The Government may evaluate quotations and proposals without discussions. (9)Formal evaluation plans or rating of quotes or offers is not required. However, the amount of acquisition planning, evaluation and documentation should be commensurate with the estimated value, inherent risk of performance and importance of the order. For example, the Agency’s initial selection of which contractor to utilize should have substantially more planning and evaluation for a higher risk, higher valued order than on a lower risk, lower valued one.

Fair Opportunity Process. (1) Authorized users (or GSA acting on their behalf) will use the fair opportunity process specified in FAR Subpart 16.505(b)(1) in selecting order contractors. (2) Ordering Contracting Officers from the Agencies will develop and document the process according to FAR standards. OCOs should review and become very familiar with FAR 16.505. (3) Competitive order contractor selection criteria will be established by the OCO. (4) Tradeoff or low price - technically acceptable evaluations are authorized. (5) Price is always a required evaluation factor for source selection based upon merit. (6) Past performance is always a required evaluation factor for task orders estimated to be valued at over $100,000.00. (7) The Government may require oral presentations. (8) The Government may evaluate quotations and proposals without discussions. (9) Formal evaluation plans or rating of quotes or offers is not required. However, the amount of acquisition planning, evaluation and documentation should be commensurate with the estimated value, inherent risk of performance and importance of the order. For example, the Agency’s initial selection of which contractor to utilize should have substantially more planning and evaluation for a higher risk, higher valued order than on a lower risk, lower valued one. (10) Use of any method (such as allocation or designation of any preferred contractor) that would result in fair consideration not being given to all FA contractors is prohibited. (11) Use of a multi-phased approach when effort required to respond may be resource intensive is possible – the OCO should confer with the PCO on implementation. Generally, the best practice is to send out an initial notification to all FA based contractors stating a concise requirement synopsis with salient characteristics. Contractors will be afforded a short time in which to elect to ―opt in‖ or ―opt out‖ of receiving the formal RFQ or RFP. Failure to opt in constitutes opting out. Contractors opting in would be sent the formal RFQ or RFP. (12) Formal RFQs or RFPs should afford offerors a reasonable period of time to respond to, taking into account the unique requirement circumstances – and the OCO will establish that time frame. Contractors are not required to quote or propose for task orders (this does not void the minimum revenue requirement). Time should be allotted to promote competition. (13) When the Ordering Agency or GSA on the Agency’s behalf, makes its decision, the OCO shall document i...