The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference:
FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition;
FAR 52.212-3, Offeror Representations and Certifications – Commercial Items – to be completed with other certifications and submitted with the offer;
FAR 52.212-4, Contract Terms and Conditions – Commercial Items, 52.219-3, 52.219-28, 52.232-40, 52.247-35, DOSAR 652.229-70, 652.247-71, 652.242-73 and 652.243-70;
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items – the applicable clauses under paragraph (b) are: 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-18, 52.225-13, and 52.232-33.
52.212-2 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 offerors:
1. Price; 2. Technical capability/acceptability; 3. Past Performance.
(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.