45.202
Evaluation procedures
Contracting officers must adjust evaluated offers to account for any competitive advantage from Government property and ensure offerors' property management practices meet solicitation requirements.
Overview
FAR 45.202 outlines the procedures contracting officers must follow when evaluating offers where an offeror or contractor possesses Government property. The regulation aims to ensure a level playing field by addressing any potential unfair competitive advantage and by verifying that property management practices meet solicitation requirements.
Key Rules
- Unfair Competitive Advantage Adjustment
- Contracting officers must assess if an offeror’s possession of Government property could provide an unfair advantage. If so, they must apply a rental equivalent evaluation factor (as detailed in FAR 52.245-9) to the offer for evaluation purposes only.
- Review of Property Management Practices
- Contracting officers must ensure that the offeror’s property management plans and procedures for accounting for Government property align with the solicitation’s requirements.
Responsibilities
- Contracting Officers: Must evaluate offers for potential unfair advantages due to Government property and verify property management compliance.
- Contractors: Must provide property management plans and ensure their practices meet solicitation standards.
- Agencies: Oversee the evaluation process and ensure compliance with property management and evaluation factor requirements.
Practical Implications
- This section exists to prevent unfair competition and ensure proper stewardship of Government property during the solicitation and evaluation process.
- Contractors must be prepared to demonstrate robust property management systems and understand that possession of Government property may affect their evaluated offer price.
- Common pitfalls include failing to disclose Government property or inadequate property management plans, which can lead to disqualification or unfavorable evaluation adjustments.