C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER H—CLAUSES AND FORMS › PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES › Subpart 52.2—Text of Provisions and Clauses

48 C.F.R. § 52.217-5

52.217-5 Evaluation of Options.

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As prescribed in 17.208(c), insert a provision substantially the same as the following:

Evaluation of Options (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision) [53 FR 17860, May 18, 1988, as amended at 55 FR 25532, June 21, 1990; 69 FR 59704, Oct. 5, 2004]
Notes of Decisions
Cited in 2 cases, 1987–1987 · leading case: Howell Constr., Inc. v. United States, 12 Cl. Ct. 450 (Ct. Cl. 1987).
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Howell Constr., Inc. v. United States, 12 Cl. Ct. 450 (Ct. Cl. 1987). “Plaintiff claims that the Government violated the procedure mandated by 48 C.F.R. § 52.217-5 , when it considered the base period and option period costs separately, in a month-by-month breakdown, rather than by evaluating the total price of the entire offer.”
Solon Automated Servs., Inc. v. United States, 658 F. Supp. 28 (D.D.C. 1987). · cites it 2× “Although the regulations merely provide that “the Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities,” 48 C.F.R. § 52.217-5 (b) (1984), the case law of the Comptroller General makes it…”
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