GSA

Fair Opportunity Clause

The NASA Solutions for Enterprise-Wide Procurement (SEWP) V contract is a multi-award government-wide acquisition contract (GWAC) and includes the following clause: A.1.21. FAIR OPPORTUNITY AND REQUESTS FOR QUOTES Contractors will be provided fair opportunity at the individual order level as appropriate per FAR Part 16.505(b), including the SEWP RFQ tools. No documentation for the order selection is required to be submitted with the order. All such documentation is to be maintained by the issuing procurement office. The Contractor shall not market, quote or otherwise offer for sale, under this contract, any products not listed in Attachment F, Pricing Exhibits as defined in the SEWP database of record until the said products are included in the SEWP database, and available to all Government end-users. If the Government issues a Request For Information (RFI) as part of market research, the Contractor may provide items not yet listed on their SEWP contract as part of a market research quote if: 1. all such items are clearly marked as not yet available on their SEWP contract; 2. the contractor submits a technology refreshment request to add those products to their contract If the Government issues a Request For Quote (RFQ) or a Market Research Request (MRR), the Contractor may only respond with items available on their Contract. If the Contractor has insufficient items on their contract to fully respond to the Formal RFQ, the Contractor must respond with a No Bid. Unless the RFQ specifically allows for partial quotes, the Contractor must respond fully to all requirements specified in the RFQ. When the Contractor markets, quotes or otherwise offers for sale a product under this contract, the price of each item shall be the no greater than the price in Attachment F, Pricing Exhibits as defined in the SEWP database of record at the time the quote is issued. When submitting a quote to a Government end-user, the contractor must clearly state the length of time the quote is valid. The contractor shall honor any order submitted within the stated time period of a quote. When responding to an RFQ or MRR issued from the NASA SEWP on-line quoting system, the Contractor must respond as outlined in Attachment D, Section D.1. On-line Quoting. As a result of the Small Business jobs act, the issuing Contracting Officer can set aside an order for small businesses as long as there are two or more with that designation.