12.203 Procedures for solicitation, evaluation, and award
Source: FAR 12.203 on acquisition.gov
FAR 12.203 requires contracting officers to use appropriate solicitation and award procedures for commercial acquisitions, allows streamlined and simplified processes within certain thresholds, and mandates compliance with LPTA criteria when applicable.
Overview
FAR 12.203 outlines the procedures contracting officers must follow when soliciting, evaluating, and awarding contracts for commercial products and services. It requires the use of commercial acquisition policies in conjunction with the appropriate solicitation and award procedures from FAR Parts 13 (Simplified Acquisition), 14 (Sealed Bidding), or 15 (Negotiation), depending on the acquisition type. The section allows for streamlined solicitation procedures (FAR 12.603) and the use of simplified procedures for acquisitions above the simplified acquisition threshold but not exceeding $9 million ($15 million for certain acquisitions under 13.500(c)). Additionally, when using the lowest price technically acceptable (LPTA) source selection process, contracting officers must ensure compliance with the criteria in FAR 15.101-2(c).
Key Rules
- Use of Commercial Acquisition Policies
- Contracting officers must apply commercial acquisition policies alongside the appropriate solicitation and award procedures from FAR Parts 13, 14, or 15.
- Streamlined Solicitation Procedures
- FAR 12.603 may be used for streamlined solicitation of commercial products or services.
- Simplified Procedures for Certain Dollar Thresholds
- For acquisitions above the simplified acquisition threshold but not exceeding $9 million ($15 million for certain cases), simplified procedures from Subpart 13.5 may be used.
- LPTA Source Selection Compliance
- When using LPTA, contracting officers must ensure all criteria in FAR 15.101-2(c) are met.
Responsibilities
- Contracting Officers: Must select and apply the appropriate solicitation and award procedures, ensure compliance with commercial acquisition policies, use streamlined or simplified procedures when eligible, and verify LPTA criteria are satisfied.
- Contractors: Should be aware of which procedures apply to their solicitation and ensure their offers comply with the relevant requirements.
- Agencies: Must oversee that contracting officers follow the correct procedures and thresholds, and ensure compliance with FAR requirements.
Practical Implications
This section exists to ensure that acquisitions of commercial products and services are conducted efficiently and in accordance with both commercial and federal procurement policies. It impacts daily contracting by allowing flexibility in procedures, especially for mid-range acquisitions, and by emphasizing compliance with LPTA criteria. Common pitfalls include misapplying thresholds, failing to use streamlined procedures when eligible, or not meeting LPTA requirements.
(a) Contracting officers shall use the policies unique to the acquisition of commercial products and commercial services prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part 13, Simplified Acquisition Procedures; part 14 Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition. The contracting officer may use the streamlined procedure for soliciting offers for commercial product or commercial service prescribed in 12.603. For acquisitions of commercial products or commercial services exceeding the simplified acquisition threshold but not exceeding $9 million ($15 million for acquisitions as described in 13.500 (c)), including options, contracting activities may use any of the simplified procedures authorized by subpart 13.5.
(b) Contracting officers shall ensure the criteria at 15.101-2(c) are met when using the lowest price technically acceptable source selection process.