26.202-2
Evaluation preference
Local area evaluation preferences can only be used if specifically authorized by agency regulations or procedures—contracting officers must confirm this before applying them.
Overview
FAR 26.202-2 allows contracting officers to apply an evaluation preference for local area contractors, but only when such a preference is specifically authorized by agency regulations or procedures. This means that the use of local area evaluation preferences is not automatic or universal; it is contingent on agency-level approval and guidance. The purpose of this provision is to provide flexibility for agencies to support local businesses in certain procurements, particularly in response to local needs or disaster recovery, while ensuring compliance with broader federal acquisition policies.
Key Rules
- Evaluation Preference Authorization
- Contracting officers may apply a local area evaluation preference only if their agency's regulations or procedures explicitly permit it.
- Agency Discretion
- The use of this preference is not mandatory and is subject to agency-specific rules and circumstances.
Responsibilities
- Contracting Officers: Must verify agency authorization before applying any local area evaluation preference and follow all relevant agency procedures.
- Contractors: Should be aware that local area preferences may apply only if specified in the solicitation and supported by agency regulations.
- Agencies: Must establish clear regulations or procedures if they wish to authorize the use of local area evaluation preferences.
Practical Implications
- This section exists to allow agencies flexibility in supporting local contractors when appropriate, such as during disaster recovery or local economic development efforts.
- Contractors should carefully review solicitations and agency regulations to determine if a local area preference may impact their proposal evaluation.
- A common pitfall is assuming a local preference applies automatically; it must be explicitly authorized by the agency.