[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR12.602]



[Page 204-205]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 12_ACQUISITION OF COMMERCIAL ITEMS--Table of Contents

 

Subpart 12.6_Streamlined Procedures for Evaluation and Solicitation for 

                            Commercial Items

 

Sec. 12.602  Streamlined evaluation of offers.



    (a) When evaluation factors are used, the contracting officer may 

insert a provision substantially the same as the provision at 52.212-2, 

Evaluation--Commercial Items, in solicitations for commercial items or 

comply with the procedures in 13.106 if the acquisition is being made 

using simplified acquisition procedures. When the provision at 52.212-2 

is used, paragraph (a) of the provision shall be tailored to the 

specific acquisition to describe the evaluation factors and relative 

importance of those factors. However, when using the simplified 

acquisition procedures in part 13, contracting officers are not required 

to describe the relative importance of evaluation factors.

    (b) Offers shall be evaluated in accordance with the criteria 

contained in the solicitation. For many commercial items, the criteria 

need not be more detailed than technical (capability of the item offered 

to meet the agency need), price and past performance. Technical 

capability may be evaluated by how well the proposed products meet the 

Government requirement instead of



[[Page 205]]



predetermined subfactors. Solicitations for commercial items do not have 

to contain subfactors for technical capability when the solicitation 

adequately describes the item's intended use. A technical evaluation 

would normally include examination of such things as product literature, 

product samples (if requested), technical features and warranty 

provisions. Past performance shall be evaluated in accordance with the 

procedures in section 13.106 or subpart 15.3, as applicable. The 

contracting officer shall ensure the instructions provided in the 

provision at 52.212-1, Instructions to Offerors--Commercial Items, and 

the evaluation criteria provided in the provision at 52.212-2, 

Evaluation--Commercial Items, are in agreement.

    (c) Select the offer that is most advantageous to the Government 

based on the factors contained in the solicitation. Fully document the 

rationale for selection of the successful offeror including discussion 

of any tradeoffs considered.



[60 FR 48241, Sept. 18, 1995, as amended at 61 FR 39192, July 26, 1996; 

62 FR 264, Jan. 2, 1997; 62 FR 51270, Sept. 30, 1997; 62 FR 64917, Dec. 

9, 1997]