§ 552.238-75 - Evaluation - Commercial Products and Commercial Services (Federal Supply Schedule).

552.238-75 Evaluation - Commercial Items Products and Commercial Services (Federal Supply Schedule).

Cross Reference

Link to an amendment published at 86 FR 68443, Dec. 2, 2021.

As prescribed in 538.273(c)(1), insert the following provision:

Evaluation - Commercial Items Products and Commercial Services (Federal Supply Schedule) (MAY 2019JAN 2022)

(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” commercial product or commercial service definition in FAR clause 52.202-1. 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 products or servicesof 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) products or services 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)

[84 FR 17041, Apr. 23, 2019, as amended at 86 FR 68443, Dec. 2, 2021]