52.212-2 Evaluation - Commercial Products and Commercial Services.pdf
PDF 205 KB Posted
- Solicitation number
- FA480926Q0088
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Summary
This document is a federal contracting clause template (FAR 52.212-2, Deviation 2026-O0038, February 2026) that establishes the evaluation and award criteria for solicitations involving commercial products and commercial services. The clause applies to commercial item procurements and is inserted into solicitations as prescribed under FAR 12.205(a)(2).
The evaluation framework identifies three primary factors for assessing offerors' proposals: Price, Past Performance, and Technical Capability. Award will be made to the responsible offeror whose conforming offer represents the Best Value to the Government, defined as an offer that meets Technical Capability requirements, provides reasonable and complete pricing, and demonstrates past performance indicative of successful execution. The clause specifies that a written notice of award or offer acceptance furnished within the timeframe specified in the offer creates a binding contract without further action required from either party. The Government may accept offers at any time before expiration unless a written withdrawal notice is received prior to award.
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Text version
52.212-2 Evaluation-Commercial Products and Commercial Services. (Deviation 2026-
O0038) (Feb 2026)
As prescribed in 12.205(a)(2), insert a provision substantially as follows:
Evaluation-Commercial Products and Commercial Services (Feb 2026) (Deviation 2026-
O0038)
(a) Evaluation factors. 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 will be used to evaluate offers:
Price
Past Performance
Technical Capability
(b) Basis of Award: The Government intends to award a contract resulting from this solicitation to the responsible offeror that represents the Best Value to the Government.
The Best value to the Government is an offer that is conforming to the solicitation, meets
Technical Capability, provides a reasonable, balanced, and complete Price, and has a Past Performance that is wholistically indicative of successful performance.
(c) Notice of award. A written notice of award or acceptance of an offer 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.
(End of provision)
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