I reviewed FAR 6.2 & 6.3 and believe if three RFQ are sent out, that is adequate competition. Am I correct. What Regulation would I rely upon? Thanks.
The following response is based solely on the question and background information provided. As we do not have all the facts particular to your situation, we highly recommend you consult, as applicable, your contracting officer and/or Legal Office for further guidance.
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Based on your question and use of the term RFQ, we assume this contract action falls under Far part 13 procedures.
The contracting officer has broad discretion in making determinations and decisions in this area.
"FAR 13.104 -- Promoting Competition.
The contracting officer must promote competition to the maximum extent practicable to obtain supplies and services from the source whose offer is the most advantageous to the Government, considering the administrative cost of the purchase.
(b) If using simplified acquisition procedures and not providing access to the notice of proposed contract action and solicitation information through the Governmentwide point of entry (GPE), maximum practicable competition ordinarily can be obtained by soliciting quotations or offers from sources within the local trade area. Unless the contract action requires synopsis pursuant to 5.101 and an exception under 5.202 is not applicable, consider solicitation of at least three sources to promote competition to the maximum extent practicable. Whenever practicable, request quotations or offers from two sources not included in the previous solicitation.
13.106 -- Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation.
13.106-1 -- Soliciting Competition.
(a) Considerations. In soliciting competition, the contracting officer shall consider the guidance in 13.104 and the following before requesting quotations or offers:
(1)(i) The nature of the article or service to be purchased and whether it is highly competitive and readily available in several makes or brands, or is relatively noncompetitive.
(ii) An electronic commerce method that employs widespread electronic public notice in not available; and
(iii) The urgency of the proposed purchase.
(iv) The dollar value of the proposed purchase.
(v) Past experience concerning specific dealers’ prices.
(b) Soliciting from a single source.
(1) For purchases not exceeding the simplified acquisition threshold.
(i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).
13.106-2 -- Evaluation of Quotations or Offers.
(2) Quotations or offers shall be evaluated on the basis established in the solicitation.
(b) Evaluation procedures.
(1) The contracting officer has broad discretion in fashioning suitable evaluation procedures. The procedures prescribed in parts 14 and 15 are not mandatory. At the contracting officer’s discretion, one or more, but not necessarily all, of the evaluation procedures in Part 14 or 15 may be used.
(3) If using price and other factors, ensure that quotations or offers can be evaluated in an efficient and minimally burdensome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Contracting offices may conduct comparative evaluations of offers. Evaluation of other factors, such as past performance --"
The above are excerpts from FAR part 13 pertinent to competition the contracting officer's role it the process. Without additional facts to cause us to believe otherwise, we think there are other sources reasonably accessible with market research appropriate to the complexity of the item/service. There mere fact of issuing three RFQs does not appear to meet the intent of promoting "competition to the maximum extent practicable".