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

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Portable X-Ray Baggage Screening Machine
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W912CL25Q0012
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This document is the Evaluation - Commercial Products and Commercial Services provision (52.212-2) for a federal solicitation. The document outlines a Lowest Price Technically Acceptable (LPTA) source selection process for evaluating quotes, with two primary evaluation factors: Price and Technical Approach. The Government will award a contract to the responsible offeror whose quote is most advantageous, with a single award made to the offeror who is deemed responsible, conforms to solicitation requirements, and has the lowest evaluated price with an "Acceptable" technical approach rating. The price evaluation will involve a comprehensive analysis to ensure fair and reasonable pricing, including potential engagement with vendors about unbalanced pricing. The technical approach will be rated as either Acceptable (meets requirements) or Unacceptable (does not meet requirements), with no higher ratings permitted.

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52.212-2 - EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

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 quotes:

a) Price

b) Technical Approach

This competitive best value selection will be conducted using the Lowest Price Technically Acceptable (LPTA) selection process in accordance with Federal Acquisition Regulation (FAR) part 13, Simplified Acquisition Procedures and FAR part 12, Acquisition of Commercial Items. One award will be made to the offeror who is deemed responsible in accordance with FAR Part 9, whose quote conforms to the solicitations requirements and is the lowest evaluated price with an “Acceptable” rating in the technical approach assessment. Quotes that exceed the evaluation criteria will not receive higher ratings. If an offeror fails to meet all solicitation requirements, the Government may not make an award to that offeror. The LPTA source selection process does not permit tradeoffs between price and non-price factors.

The Government intends to evaluate quotes and award a contract with clarifications permitted with all offerors. The offeror’s initial quote should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer (KO) later determines them to be necessary.

(i) Factor 1 – Price:

Price will be evaluated using the price analysis process to ensure the Government receives a fair, reasonable and balanced price. If the Government cannot determine the proposed pricing to be fair and reasonable, then “Other Than Certified Cost and Pricing Data” will be obtained from the offeror. The Government will evaluate offers for award purposes by adding the total price for all Contract Line Item Numbers (CLINS). In addition to the price analysis, price quotations will be analyzed to identify any potential unbalanced pricing. If the Government sees a wide variation in proposed contract line item prices, the Contracting Officer will engage with the vendor as soon as possible during the initial evaluation of quotes so the appropriate personnel may seek clarity through offeror clarifications. Absent any issues related to the stated requirement, unbalanced pricing may pose an unacceptable risk to the Government and may be a reason to reject an offeror’s quote.

There is an expectation of competition for this requirement. Offerors are cautioned to present their best price quote. The offeror’s price quote shall represent the offeror’s best effort to respond to the requirement.

(ii) Factor 2 – Technical Approach:

The technical plan reflects the degree to which the offeror’s quote meets or does not meet the requirements.

Technical Approach - Acceptable / Unacceptable Rating Rating Description

Acceptable Technical Plan meets the requirements of the solicitation Unacceptable Technical Plan does not meet requirements of the solicitation

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 there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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