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TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM
CHAPTER 5 - GENERAL SERVICES ADMINISTRATION
SUBCHAPTER H - CLAUSES AND FORMS
PART 552 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.212 - 73 - EvaluationCommercial Items (Multiple Award Schedule).
As prescribed in 512.301(a)(4), insert the following provision: EvaluationCommercial Items (Multiple Award Schedule) (AUG 1997) (a) The Government may make multiple awards for the supplies or services offered in response to this solicitation that meet the definition of a commercial item in FAR 52.2021. Awards may be made to those responsible offerors that offer reasonable pricing, conforming to the solicitation, and will be most advantageous to the Government, taking into consideration the multiplicity and complexity of items of various manufacturers and the differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, and other pertinent factors. By providing a selection of comparable supplies or services, ordering activities are afforded the opportunity to fulfill their requirements with the item(s) that constitute the best value and that meet their needs at the lowest overall cost.
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the 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.
(End of provision) Alternate I (AUG 1997). When anticipating competition of identical items, add the following paragraph after paragraph (b) of the basic provision.
(c) The Government reserves the right to award only one contract for all or a part of a manufacturer's product line. When two or more offerors (e.g., dealers/resellers) offer the identical product, award may be made competitively to only one offeror on the basis of the lowest price.
(Discounts for early payment will not be considered as an evaluation factor in determining the low offeror). During initial open season for an option period, any offers that are equal to or lower than the current contract price received for identical items will be considered. Current contractors will also be allowed to submit offers for identical items during this initial open season. The current contractor which has the identical item on contract will be included in the evaluation process.
The Government will evaluate all offers and may award only one contract for each specified product or aggregate group.
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