This part applies to all acquisitions except. I suppose that's because Fair Opportunity Exceptions under 16.505( b)(2) would never be publicized if only distributed with the solicitation because the solicitation isn't made public-it's only sent the multiple IDC contractors.Īnyone have any thoughts on this? Appreciate the feedback. Whereas under FAR Subpart 6.3, for brand name justifications, all that is required is to attach the final approved J&A with the solicitation. And I'm also surprised because FAR 16.505 ( b)(2)(d) DOES require that the final approved Fair Opportunity Exception be posted to the GPE within 14 days (for orders >SAT). And, #2 I'm surprised to find that there is no requirement at FAR 16.505( b)(2) to post a notice of intent to the GPE-since in our situation for a brand name component, it seems to me that would be compelling information to include in the justification if we get no acceptable response from industry. But I have a nagging suspicion that that's not quite right. My hesitations with a FAR 16.505(b )(2) Fair Opportunity Exception are that #1 I can't quite see how this is would restrict competition among the IDC contractors, so I can't really see how the concept of "fair opportunity" is at play. FAR 16.505(a)(4) states that items peculiar to one manufacturer must be justified in accordance with FAR 16.505( b)(2) (aka Fair Opportunity Exception).īOTTOM LINE: I've nearly concluded that FAR Subpart 16.5 may be the applicable regulation and not FAR Subpart 6.3, and so a FAR 16.505(b )(2) Fair Opportunity Exception would be required instead of a FAR 6.303 Justification. HOWEVER, we are planning to solicit the project as a task order RFP under a multiple award IDC, and so the question was raised, does CICA and FAR Part 6 even apply? FAR 5.202(a)(6) provides an exception to the FAR 5.201 synopsis requirement for IDC orders and refers to FAR 16.505(a)(4). The item is a major component of the construction project, but the value of the item is expected NOT to exceed $700k (the total construction project will be much larger). My read of the regs has always been that a 6.302-1 CICA waiver justification must include evidence that a notice of intent was posted to the GPE and interested sources responding to that notice were considered in accordance with FAR 6.302-1(d)(2), FAR 5.201, and FAR 5.207. Essentially awarded as Indefintive Delivery-Indefinite Quantity contract vehicles, GWACs are available to all Government agencies at a low fee to use, making them an attractive option to acquire IT products and services.I'm a Contracting Officer tasked with soliciting for a construction project that involves a brand name specification under the CICA waiver authority under FAR 6.302-1 Only One Responsible Source. The Federal Government granted the General Services Administration (GSA), National Institutes of Health (NIH), and NASA the authority to compete, award, and manage GWACs. Government-wide Acquisition Contracts (GWAC) are awarded and managed by a limited number of Federal offices. Also, they have shown success winning No/Limited Bias contracts concentrated mainly on a singular customer focused portfolio. The company receives $93.5k annually in federal awards (as of FY2020). We expect a 11 year duration with ultimate completion date of April 29, 2025.įASTECH INC is a contractor located in MD, doing primarily Science/Engineering > Professional Services work for Interior. The contract was competed under Small Business Set-Aside - Total preference program with 232 offers received. There have been $242.6M in obligations to date with a ceiling value of $20B, showing a 1% burn rate so far on the contract. This GWAC contract for Program Management, Consumer Products > Miscellaneous S&E, Records Management > Digitization, Electrical & Electronics Equipment > Electronic & Communication Equipment, Communications Equipment, IT Outsourcing, Industrial Products & Machinery > Industrial Products & Services, IT Networking Hardware > Hardware, Logistics > Professional Services, Hardware & Tools, IT Hardware, IT Security Hardware, Acquisition Support, Business Admin Services, Telecommunications, Public Relations and Professional Communications Services, Education/Training > Human Capital, Facility/Physical Security > Security and Protection, Facility Related Materials, Test & Measurement Supplies, Textiles, Clothing & Personal Accessories, Office Products & Services, Science/Engineering > Professional Services, Consumer Products > Electronic & Communication Equipment, IT Software was awarded in FY2015 on Octoto FASTECH INC by Goddard Space Flight Center.
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