FAR 52.212-2 - Evaluation–Commercial Items

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Contents

Prescribed in 12.301(c)(1)

Effective Date:1 January 1999
Clause or Provision:Provision
Provision or Clause Number: 52.212-2 - Evaluation–Commercial Items

Principle Type And/Or Purpose of Contract:
Required:
Applicable:
Optional:Commercial Items; Transportation; Architect-Engineering; Communication Services; Fixed Price, R&D; Fixed Price, Supply
Subject:Commercial Item
ProcurementType:Commercial Item
Contract Threshold:0
Prescription Overview:

Prescription

(c) When the use of evaluation factors is appropriate, the contracting officer may—

(1) Insert the provision at 52.212-2, Evaluation—Commercial Items, in solicitations for commercial items (see 12.602); or

(2) Include a similar provision containing all evaluation factors required by 13.106, Subpart 14.2 or Subpart 15.3, as an addendum (see 12.302(d)).

Clause Overview:

Provision

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

________________________________________________

________________________________________________

________________________________________________

[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); (iv) small disadvantaged business participation; and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]

(b) Options

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Written notice and Binding Contract

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Important Notes/Requirements:
Subcontract Threshold:0
Incorporated by Reference:No
Uniform Contract Format:NA
Editor:Marshall

Personal notes.