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    Please give me your opinion in regards to FAR 16.505(b)(1)(i)&(ii) as it relates to the menbtion of each awardee shall be provided a fair opportunity to be considered for each task order exceeding $3,000 under a MATOC. In the following paragraph, still discussing "Fair Opportunity" the FAR states that the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order not exceeding $5M. It appears that "fair opportunity to be considered" does not equate to full and open competition for each MATOC task order?


    Answer

    It's not clear what opinion you are seeking from your question unless it's one to support a position you have but have not shared with us.  That said, we believe you are looking in the wrong part of the FAR.
     
     
     
    FAR 2.101 tells us - “Full and open competition,” when used with respect to a contract action, means that all responsible sources are permitted to compete.
     
     
     
    Nothing in 16.505 (b)(1) changes that…all must still be afforded the “fair opportunity” to compete.  The exceptions to that requirement are found only in 16.505 (b)(2).
     
     
     
    Given the limited amount of information we have regarding this issue we strongly encourage you to consult with your contracting officer and legal counsel before taking action in this matter.
     
     
     

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