Solicitation provision and contract clauses
FAR 17.805 mandates specific clauses for solicitations and contracts involving reverse auctions to ensure compliance and transparency in the procurement process.
Overview
FAR 17.805 outlines the required solicitation provisions and contract clauses that must be included when using reverse auctions in federal contracting. It specifies which FAR clauses contracting officers must insert in solicitations and contracts depending on the use of reverse auctions for awarding contracts, placing orders under multiple-award contracts or blanket purchase agreements (BPAs), or acquiring reverse auction services. The section ensures that all parties are aware of the procedures and terms governing reverse auction processes, promoting transparency and compliance.
Key Rules
- Reverse Auction Provision (FAR 52.217-10)
- Must be included in solicitations when a reverse auction is used to award a contract or BPA.
- Reverse Auction—Orders Clause (FAR 52.217-11)
- Required in solicitations and contracts for multiple-award contracts or BPAs if reverse auctions may be used to place orders.
- Reverse Auction Services Clause (FAR 52.217-12)
- Must be included in all solicitations and contracts for the purchase of reverse auction services.
Responsibilities
- Contracting Officers: Ensure the correct FAR provisions and clauses are inserted in solicitations and contracts involving reverse auctions.
- Contractors: Review and comply with the terms and conditions set forth in the applicable reverse auction clauses.
- Agencies: Oversee compliance with FAR requirements for reverse auction procedures and documentation.
Practical Implications
- This section standardizes the use of reverse auctions in federal procurement, ensuring all parties understand the rules and expectations.
- Failure to include the required clauses can result in non-compliance and potential protest or contract issues.
- Contractors should be familiar with these clauses to understand their obligations and rights during reverse auction processes.