52.212-2 Evaluation - Commercial Products and Commercial Services.pdf

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Advance Wiring Kit - Brand Name or Equal
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FA480926Q0094
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This is a federal contract evaluation provision (FAR 52.212-2) applicable to commercial products and commercial services procurements, effective February 2026 under Deviation 2026-O0038.

The provision establishes the Government's evaluation and award criteria for commercial item solicitations. Offers will be evaluated and awarded to the responsible offeror whose conforming offer is most advantageous to the Government, considering price and other factors. The three evaluation factors are: Price, Past Performance, and Technical Capability. Award will be made on a best value basis to the offeror whose offer is conforming to the solicitation, meets Technical Capability requirements, provides reasonable, balanced, and complete pricing, and demonstrates past performance that is holistically indicative of successful performance. A written notice of award furnished to the successful offeror within the specified acceptance period creates a binding contract without further action by either party. The Government may accept an offer or partial offer before expiration unless a written notice of withdrawal 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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