52.212-2
Evaluation—Commercial Products and Commercial Services
FAR 52.212-2 requires clear disclosure of evaluation criteria and fair, transparent evaluation of offers for commercial products and services, including options.
Overview
FAR 52.212-2 outlines the evaluation criteria and procedures for awarding contracts for commercial products and commercial services. This provision requires the contracting officer to specify the significant evaluation factors (such as technical capability, price, and past performance) and their relative importance in the solicitation. It also details how options will be evaluated and clarifies that a written notice of award creates a binding contract. The regulation ensures transparency and fairness in the evaluation process, aligning with the best interests of the government while providing clear expectations for offerors.
Key Rules
- Evaluation Factors
- The contracting officer must list all significant evaluation factors and their relative importance in the solicitation, including technical capability, price, and past performance.
- Evaluation of Options
- Offers are evaluated by adding the total price for all options to the basic requirement, and unbalanced option pricing may render an offer unacceptable.
- Award Notification
- A written notice of award or acceptance within the offer’s acceptance period creates a binding contract, even if negotiations occurred after receipt of the offer.
Responsibilities
- Contracting Officers: Must clearly state evaluation factors and their order of importance, evaluate options as required, and issue timely award notifications.
- Contractors: Must ensure their offers address all stated evaluation factors and provide balanced pricing for options.
- Agencies: Must oversee the integrity and transparency of the evaluation and award process.
Practical Implications
- This provision ensures offerors understand how their proposals will be evaluated, promoting fair competition.
- Contractors should pay close attention to the evaluation criteria and ensure their submissions are responsive and competitively priced, especially regarding options.
- Failure to address evaluation factors or provide balanced pricing may result in disqualification.