Browse Definitions :
Definition

fair opportunity

Fair opportunity is a requirement that U.S. government agencies purchasing goods or services under a multi-award contract give every company that holds that contract an equal opportunity to respond to a request for proposal (RFP). 

Fair opportunity is intended to “level the playing field” so that agencies cannot give an unfair advantage to one contractor over another. It applies to orders that exceed $2,500.

The concept of fair opportunity is mandated by Federal Acquisition Regulation 16.505(b), however, it is up to individual agencies to determine how they will ensure that all contractors are treated equally. Contracting officers within each agency are responsible for documenting that fair opportunity has been carried out. 

In the case of an audit, documentation should be detailed enough to prove beyond doubt that the agency used fair opportunity practices during the procurement process. For example, if price is the sole criterion for a given acquisition, the documentation must include evidence that a pricing analysis was developed and used and evidence that the total lifespan of the product or service was taken into consideration.

Agencies can make award decisions based on price alone, but it is recommended that value, technical and past performance considerations are also taken into account. Agencies are advised to share their evaluation criteria with contractors, but they do not have to explain award decisions to those contractors that do not receive an order.

There are exceptions to fair opportunity. Orders over $2,500 can be excused from fair opportunity processes if the contracting officer determines that:

1.) The need for supplies or services are of  such urgency that fair opportunity processes would create unacceptable delays.

2.) The supplies or services are highly unique and only one contractor is able to deliver them. 

3.) The task order is a logical follow-on to an order obtained through fair opportunity practices.

4.) Placing the order with a particular contractor is necessary for meeting a minimum revenue guarantee. In each of these instances the rationale for foregoing fair opportunity processes must be adequately documented.

See also: Automated Best Value System, full and open competition, GSA Schedule 70, GSA SmartBuy, U.S. Navy purchasing abbreviations and acronyms

Dig deeper into fair opportunity:

Federal Acquisition Regulation 16.505 can be found online.

This was last updated in February 2011

Start the conversation

Send me notifications when other members comment.

Please create a username to comment.

-ADS BY GOOGLE

Extensiones de Documento y Formatos de Documento

Accionado por:

SearchCompliance

  • PCI DSS (Payment Card Industry Data Security Standard)

    The Payment Card Industry Data Security Standard (PCI DSS) is a widely accepted set of policies and procedures intended to ...

  • risk management

    Risk management is the process of identifying, assessing and controlling threats to an organization's capital and earnings.

  • compliance framework

    A compliance framework is a structured set of guidelines that details an organization's processes for maintaining accordance with...

SearchSecurity

  • Trojan horse (computing)

    In computing, a Trojan horse is a program downloaded and installed on a computer that appears harmless, but is, in fact, ...

  • identity theft

    Identity theft, also known as identity fraud, is a crime in which an imposter obtains key pieces of personally identifiable ...

  • DNS over HTTPS (DoH)

    DNS over HTTPS (DoH) is a relatively new protocol that encrypts domain name system traffic by passing DNS queries through a ...

SearchHealthIT

  • telemedicine (telehealth)

    Telemedicine is the remote delivery of healthcare services, such as health assessments or consultations, over the ...

  • Project Nightingale

    Project Nightingale is a controversial partnership between Google and Ascension, the second largest health system in the United ...

  • medical practice management (MPM) software

    Medical practice management (MPM) software is a collection of computerized services used by healthcare professionals and ...

SearchDisasterRecovery

SearchStorage

  • M.2 SSD

    An M.2 SSD is a solid-state drive (SSD) that conforms to a computer industry specification and is used in internally mounted ...

  • kilobyte (KB or Kbyte)

    A kilobyte (KB or Kbyte) is a unit of measurement for computer memory or data storage used by mathematics and computer science ...

  • virtual memory

    Virtual memory is a memory management capability of an operating system (OS) that uses hardware and software to allow a computer ...

Close