Introduction to NITAAC GWACs

The next process we will discuss is the fair opportunity requirements when placing orders that exceed the micro-purchase threshold (Refer to the Module 1 Glossary for the definition) against NITAAC GWACs.

What is Fair Opportunity

Fair opportunity, as outlined in FAR 16.505, refers to a set of procedures designed to ensure that all contract holders under a multiple-award contract (Refer to the Module 1 Glossary for the definition) have an equal chance to compete for task or delivery orders. The CO is required to follow the fair opportunity process as outlined in FAR 16.505(b). 

Under this fair opportunity process, all contract holders on the specific GWAC must be given a fair opportunity to be considered for the order, unless an exception applies.

Essentially, fair opportunity ensures that all federal agencies conduct a fair and transparent selection process before placing orders for commodities or services under any multiple-award contract.

Exceptions to Fair Opportunity

While fair opportunity generally requires competition among contract holders, there are exceptions. According to FAR 16.505(b)(2) - Exceptions to the Fair Opportunity Process, a CO may bypass the fair opportunity process under certain conditions. These exceptions are:

• Urgency: When a need is so urgent that providing a fair opportunity would result in unacceptable delays to the mission.
• Only One Source: When only one awardee is capable of providing the supplies or services required at the level of quality because they are unique or highly specialized.
• Logical Follow-on: When the order is a logical continuation of a previously issued task order and is necessary to ensure efficiency and continuity, as long as fair opportunity was applied to the original order.
• Minimum Guarantee: When a statute expressly requires or authorizes the purchase be made from a specified source, or when the agency must satisfy a minimum guarantee provided under the contract. NITAAC ensures that the minimum guarantee has been met so this exception does not apply when placing orders with NITAAC GWACs.
• Statutory Requirements: When the order must be placed with a specific source to comply with legal or regulatory obligations, such as statutes, international agreements, or directed orders. However, the FAR 16.505(b)(2)(i)(F) regulation permits agencies to reserve orders under GWACs for small businesses without requiring a written Justification for Exception to Fair Opportunity (JEFO) document.

Preparing a JEFO Document

When preparing a JEFO document, the CO must clearly articulate the rationale for the exception and ensure it aligns with the conditions outlined in FAR 16.505(b)(2). The JEFO should provide a detailed explanation of why the proposed acquisition strategy chosen is in the best interest of the government, considering factors such as cost-effectiveness, efficiency, and the specific needs of the agency.

Posting Requirements for Exceptions to Fair Opportunity

Read the FAR 16.505(b)(2)(D) regulation which addresses the posting requirements for exceptions to the fair opportunity process. It states that if an exception to fair opportunity is used under a task or delivery order valued at more than the simplified acquisition threshold, the ordering agency must post a notice. This posting can be made at the government-wide point of entry (GPE) for publicizing contract actions (such as SAM.gov), or in a place where government contracts are generally posted, for at least thirty days.

NITAAC Tools and Resources to Support the Fair Opportunity Process

NITAAC simplifies the fair opportunity process for acquisition professionals through various tools and resources. Here’s how NITAAC helps support compliance with these requirements:

e-GOS — NITAAC’s Web-Based Ordering System

To comply with the fair opportunity requirements of FAR Part 1616.505(b)(1), all task and delivery orders must be processed through e-GOS, NITAAC’s web-based ordering system. e-GOS guides users through the entire procurement process with built-in FAR guidance, ensuring acquisition professionals follow the correct steps from start to finish.

In cases where the task or delivery order cannot be processed through e-GOS, the CO must document the fair opportunity process in the task/delivery order file, maintaining compliance with federal regulations.

The mandatory use of e-GOS ensures compliance with fair opportunity.

Tools and Templates on NITAAC Website

NITAAC has tools and templates on its website to support your process of complying with fair opportunity, such as the multiphase down-select technique, the Independent Government Cost Estimate (IGCE) template, the Technical Evaluation template, GWAC ordering guides (Refer to Module 3 Read: Extra Resources and Tools), and articles (example).

Conclusion

In conclusion, fair opportunity is a critical aspect of using GWACs, as it ensures that all contract holders have an equal chance to compete for orders. The FAR 16.505(b) process provides guidelines that COs must follow, with exceptions only allowed in specific circumstances. NITAAC offers robust tools like e-GOS and various templates to simplify compliance and guide acquisition professionals through the process. Agencies can tap into NITAAC’s resources to efficiently meet fair opportunity requirements while maintaining transparency and adhering to federal regulations.

Additional Resources

NITAAC. (2024). Am I required to use e-GOS for all task and delivery orders or can I obtain quotes/proposals directly from contract holders? In Frequently Asked Questions. NIH. 

NITAAC. (2024). What else do I need to consider when placing my order? In Frequently Asked Questions. National Institutes of Health.