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  • Question

    Would it be appropriate using the combined synopsis/solicitation procedures in FAR 12.603 for a KO to request proposals based on the requirements of the PWS and only applicable fill-ins (such as Order Limitations & Option clauses)? Since the contract will be awarded bilaterally, the contractor will have an opportunity to review all the applicable clauses prior to agreeing to the terms and conditions. Is a combined synopsis/solicitation something other than a written solicitation? 'Other than' meaning not a solicitation, meaning clauses and provisions (except those required by the procedures in FAR 12.603) would not apply in the usual way they apply to written solicitations?

    Answer

    Solicitation:  FAR 12.603(c)(2), describes the information that shall be included in the combined synopsis/solicitation.  Paragraph (xiii) allows you to include any other term or condition in the combined/solicitation that you deem necessary for the acquisition consistent with customary commercial practices.

     

    Contract Award:  When you are ready to prepare the award, you must do so in accordance with FAR 12.301 which states, "contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses --(1) Required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or(2) Determined to be consistent with customary commercial practice." The section prescribes the clauses to include in a FAR part 12 award.

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