Attachment 4 - Evaluation-Commercial Products and Commercial Services.pdf

FAR PROVISION 52.212-2, EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(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:

__(i) technical capability,, (ii) price____________ ________________________________________________[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); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]

(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).

(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.

(End of provision) https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-15#FAR_15_304

ADDENDUM TO FAR PROVISION 52.212-2, EVALUATION—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(I) Evaluation Factors for Contract Award.

(a) IAW FAR 52.212-2(a), award will be made based on the evaluation of Price and Technical Capability. Simplified Procedures for certain commercial products in accordance with FAR 13, and the procedures outlined in this addendum will be used to make a decision.

(b) Technical: The focus of the technical evaluation is to verify the “Quoters” proposed ability to meet the requirements of the PWS. The government will evaluate the Technical Capability Package when it is submitted, verifying the qualifications for each position of the Key Personnel assigning an overall rating of Acceptable, or Unacceptable.

i. Acceptable: Offer meets the requirements & qualifications needed for key personnel stated within the PWS.

ii. Unacceptable: Offer does not meet the requirements & qualifications needed for key personnel stated within the PWS.

(c) Price: The vendor shall adhere to all requirements of 52.212-1 (and accompanying

Addendum). The contractor shall also be determined fair and reasonable in accordance with FAR 13.106-2.

i. Reasonableness: The Government may use the following various price analysis techniques established in FAR 13.106-2 to ensure a fair and reasonable price to include: comparison of proposed prices received (adequate price competition), comparison of previously proposed prices and previous Government contract prices, use of parametric estimating, comparison with competitive published price lists or market prices, comparison with Independent Government estimates, comparison with market research, and/or analysis of pricing information provided by the “Quoter”. For a vendor to receive the award, prices must be determined to be fair and reasonable.

ii. Realism: Prices will be evaluated for price realism. The Government will assess whether a vendor’s low price reflects a lack of understanding of the contract requirements or risk inherent in a vendor’s proposed approach.

iii. Unbalanced Pricing: Prices will be evaluated for unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more line items is significantly over or understated as indicated by the application of price analysis techniques. A quote may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

(d) Options: The Government will evaluate quotations for award purposes by adding the total price for the option to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option price is significantly unbalanced.

Evaluation of the option shall not obligate the Government to exercise the option.

(e) After a preliminary consideration of all quotations, the Contracting Officer will identify from all quotations received, one that is most advantageous to the government based on evaluation factors in FAR 52.212-2, and quickly screen all lower priced quotations based on readily discernible value indicators.

i. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

ii. In the event that a quotation deemed most advantageous to the government is no longer considered for award, the process listed in (f) will be repeated to evaluate remaining quotations and award a contract.

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

(End of Addendum to FAR 52.212-2)