SEWP V Fair Opportunity Clause
A.1.21. FAIR OPPORTUNITY AND REQUESTS FOR QUOTES
Fair Opportunity When Using SEWP Contracts
SEWP V is composed of 197 Indefinite Delivery Indefinite Quantity (IDIQ) contracts to over 140 pre-competed Prime Contract Holders, both manufacturers and resellers of IT equipment. The contracts were awarded in 5 contract Groups – 2 full and open and 3 set-aside competitions. Since all awards were multi-award contracts, Fair Opportunity (refer to FAR 16.505(b)) must be given to all contractors in one or more Groups or set-asides.
The SEWP website provides the only SEWP recommended tools for manufacturer searches Market Research Tool and for Request for Information/Request for Quotes (RFI/RFQ) (Quote Request Tool). These tools are available to assist customers with buying decisions and as one means to provide documentation for any needed selection criteria. The following steps may assist customers in determining which contract best fulfills their requirements:
- Market Research: According to Federal Acquisition Regulations, (FAR) Part 10, appropriate market research based on the size and complexity of the acquisition is required. The Online Market Research Tool and Quote Request Tool SEWP tools assist in this market research process.
- Fair Opportunity: FAR 16.505(b) (1) provides that each contractor shall be given fair opportunity to be considered for each order exceeding $10,000 and issued under multiple award contracts. The FAR states that the method to obtain fair opportunity is at the discretion of the CO and that the CO must document the rationale for placement and price of each order. Using the SEWP online Quote Request Tool is the recommended method to assist in this activity and to augment the required decision documentation. The SEWP QRT tool will automatically include the Contract Holders within a selected Group or based on a suggested source.
NOTE: Fair Opportunity to all Contract Holders within one or more SEWP Groups or set-asides is required. There is no requirement to obtain 3 quotes as long as all Contract Holders within a Group or set-aside were provided opportunity to provide a quote.
- Best Value: Once market research is completed, the end-user’s needs, technical requirements, Contract Holder program performance, price, Agency policy and other factors related to the exercise of sound business judgment should be considered in making a best value determination.
For more comprehensive information on SEWP’s Fair Consideration Clause, please visit: