Difference between revisions of "FAR 52.215-1 - Instructions to Offerors–Competitive"
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− | '''(1)''' Mark the title page with the following legend: | + | '''(1)''' Mark the title page with the following legend:''' |
− | '''This proposal includes data that shall not be disclosed outside the Government and shall not be | + | :'''This proposal includes data that shall not be disclosed outside the Government and shall not be''' |
− | '''If, however, a contract is awarded to this offeror as a result of—or in connection | + | :''' duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal''' |
+ | :''' If, however, a contract is awarded to this offeror as a result of—or in connection with the''' | ||
+ | :''' submission of this data, the Government shall have the right to duplicate, use, or disclose the data''' | ||
+ | :'''to the extent provided in the resulting contract. This restriction does not limit the Government's''' | ||
+ | :''' right to use information contained in this data if it is obtained from another source without''' | ||
+ | :''' restriction. The data subject to this restriction are contained in sheets [insert numbers or''' | ||
+ | :'''other identification of sheets]; and''' | ||
− | |||
+ | '''(2)''' Mark each sheet of data it wishes to restrict with the following legend: | ||
− | ''' | + | :'''Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.''' |
− | + | ||
− | Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal. | + | |
===(f) Contract award=== | ===(f) Contract award=== | ||
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|ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | |ImportantNotesRequirements=[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | ||
− | Also see... | + | Also see... |
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− | + | ||
|IncorporatedbyReference=Yes | |IncorporatedbyReference=Yes | ||
|UniformContractFormat=L | |UniformContractFormat=L |
Latest revision as of 19:15, 27 October 2015
Prescribed in 15.209(a) | ||
Effective Date: | 1 January 2004 | |
Clause or Provision: | Provision | |
Provision or Clause Number: | 52.215-1 - Instructions to Offerors–Competitive | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Architect-Engineering; Communication Services; Cost Reimbursement, R&D; Fixed Price, R&D; Transportation | |
Optional: | ||
Subject: | Bid & Proposal | |
ProcurementType: | Competitive Procurement | |
Contract Threshold: | ||
Prescription Overview: |
PrescriptionWhen contracting by negotiation— (a) The contracting officer shall insert the provision at 52.215-1, Instructions to Offerors—Competitive Acquisition, in all competitive solicitations where the Government intends to award a contract without discussions.
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Clause Overview: |
Provision(a) DefinitionsAs used in this provision— “Discussions” are negotiations that occur after establishment of the competitive range that may, at the Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal. “In writing,” “writing,” or “written” means any worded or numbered expression that can be read, reproduced, and later communicated, and includes electronically transmitted and stored information. “Proposal modification” is a change made to a proposal before the solicitation’s closing date and time, or made in response to an amendment, or made to correct a mistake at any time before award. “Proposal revision” is a change to a proposal made after the solicitation closing date, at the request of or as allowed by a Contracting Officer as the result of negotiations. “Time,” if stated as a number of days, is calculated using calendar days, unless otherwise specified, and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday, Sunday, or legal holiday, then the period shall include the next working day.
(b) Amendments to SolicitationsIf this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). (c) Submission, Modification, Revision, and Withdrawal of Proposals(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation, proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or packages
(d) Offer expiration dateProposals in response to this solicitation will be valid for the number of days specified on the solicitation cover sheet (unless a different period is proposed by the offeror). (e) Restriction on disclosure and use of dataOfferors that include in their proposals data that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall—
(f) Contract award(1) The Government intends to award a contract or contracts resulting from this solicitation to the responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance with the factors and subfactors in the solicitation.
AlternatesAlternate I (Oct 1997)As prescribed in 15.209(a)(1), substitute the following paragraph (f)(4) for paragraph (f)(4) of the basic provision: (f)(4) The Government intends to evaluate proposals and award a contract after conducting discussions with offerors whose proposals have been determined to be within the competitive range. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and technical standpoint. Alternate II (Oct 1997)As prescribed in 15.209(a)(2), add a paragraph (c)(9) substantially the same as the following to the basic clause: (c)(9) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements. Related Pages | |
Important Notes/Requirements: |
Also see... | |
Subcontract Threshold: | ||
Incorporated by Reference: | Yes | |
Uniform Contract Format: | L | |
Editor: | Marshall |
Personal notes.