48 C.F.R. § 12.602

12.602 Streamlined evaluation of offers.

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(a) When evaluation factors are used, the contracting officer may insert a provision substantially the same as the provision at 52.212-2, Evaluation— Commercial Products and Commercial Services, in solicitations for commercial products or commercial services or comply with the procedures in 13.106 if the acquisition is being made using simplified acquisition procedures. When the provision at 52.212-2 is used, paragraph (a) of the provision shall be tailored to the specific acquisition to describe the evaluation factors and relative importance of those factors. However, when using the simplified acquisition procedures in part 13, contracting officers are not required to describe the relative importance of evaluation factors.

(b) Offers shall be evaluated in accordance with the criteria contained in the solicitation. For many commercial products or commercial services, the criteria need not be more detailed than technical (capability of the item offered to meet the agency need), price, and past performance. Technical capability may be evaluated by how well the proposed products or services meet the Government requirement instead of predetermined subfactors. Solicitations for commercial products or commercial services do not have to contain subfactors for technical capability when the solicitation adequately describes the intended use of the commercial product or commercial service. A technical evaluation would normally include examination of such things as product or service literature, product samples (if requested), technical features, and warranty provisions. Past performance shall be evaluated in accordance with the procedures in section 13.106 or subpart 15.3, as applicable. The contracting officer shall ensure the instructions provided in the provision at 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, and the evaluation criteria provided in the provision at 52.212-2, Evaluation—Commercial Products and Commercial Services, are in agreement.

(c) Select the offer that is most advantageous to the Government based on the factors contained in the solicitation. Fully document the rationale for selection of the successful offeror including discussion of any tradeoffs considered.

[60 FR 48241, Sept. 18, 1995, as amended at 61 FR 39192, July 26, 1996; 62 FR 264, Jan. 2, 1997; 62 FR 51270, Sept. 30, 1997; 62 FR 64917, Dec. 9, 1997; 86 FR 61024, Nov. 4, 2021]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2025 · leading case: Dubinsky v. United States, 43 Fed. Cl. 243 (Fed. Cl. 1999).

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Dubinsky v. United States, 43 Fed. Cl. 243 (Fed. Cl. 1999). “” 48 C.F.R. § 12.602 (a) (emphasis added). It thus presents a contracting officer with a choice if evaluation factors are incorporated into a solicitation: use FAR clause 52.”

Commissioning Solutions Global, LLC v. United States, 97 Fed. Cl. 1 (Fed. Cl. 2011). “Pursuant to 48 C.F.R. § 12.602 (c), the Coast Guard was obligated to “[f]ully document the rationale for selection of the successful offer- or, including discussion of any tradeoffs considered.”

Bannum, Inc. v. United States, 96 Fed. Cl. 364 (Fed. Cl. 2010). “” 48 C.F.R. § 12.602 (b). . FAR 15.206(d) provides: "If a proposal of interest to the Government involves a departure from the stated requirement, the contracting officer shall amend the solicitation, provided this can be done without revealing to the other offer-ors the…”

Acmesolv, LLC v. United States (Fed. Cl. 2025). “” 48 C.F.R. § 12.602 (b). Accordingly, the solicitation notified bidders that “[t]he Government will evaluate all proposals in accordance with FAR 15.”

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