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  • Question

    Does DFARS PGI 215.304 apply to Part 12 procurements?


    Answer

    If you are buying a FAR 12, Commercial Item (as defined in 2.101), you must select whether you plan to use Part 13, 14 or 15 as your selection process.  See FAR 12.102 (b):
    FAR 12.102 -- Applicability.
    (a) This part shall be used for the acquisition of supplies or services that meet the definition of commercial items at 2.101.
    (b) Contracting officers shall use the policies in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in Part 13, Simplified Acquisition Procedures; Part 14, Sealed Bidding; or Part 15, Contracting by Negotiation, as appropriate for the particular acquisition.

    When you choose
    FAR 13.5, 14 or 15, you abide by the selected FAR Parts’s evaluation rules. FAR 13 is fairly open ended and lets you add any evaluation factor needed.  You only have to be able to explain the basis for the award decision.   For example, if you wanted to add the extent of small business participation you could do so.  In the case of FAR 14, evaluation criteria is restricted to only price and price related factors.  Those price related factors are listed at FAR 14.201-8 and do not include the extent of small business participation, for example.   If you choose FAR 15, you must follow the evaluation rules at FAR 15.304 and DFAR 215.304, and obviously the extent of small business participation may be required, as appropriate.  Always remember that FAR 12 is for commercial items and the Government is trying to simplify and streamline the procurement process for commercial providers.   
    You should follow the format described at FAR 12.301, that allows you to use the wording at FAR 52.212-2 or use the more specific wording from FAR 13,14 and 15.  See wording below:
    FAR 12.301
    (c) When the use of evaluation factors is appropriate, the contracting officer may—
    (1) Insert the provision at 52.212-2, Evaluation -- Commercial Items, in solicitations for commercial items (see 12.602); or
    (2) Include a similar provision containing all evaluation factors required by 13.106, Subpart 14.2 or Subpart 15.3, as an addendum (see 12.302(d)).
    52.212-2 -- Evaluation -- Commercial Items.
    As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
    Evaluation -- Commercial Items (Oct 2014)
    (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
    ___________________________________________

    ___________________________________________

    ___________________________________________

    [Contracting Officer shall insert the significant evaluation factors, such as
    (i) technical capability of the item offered to meet the Government requirement;
    (ii) price;
    (iii) past performance (see FAR 15.304);
    Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]
    (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
    (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
     

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