48 C.F.R. § 552.238-75

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

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

Evaluation—Commercial Products and Commercial Services (Federal Supply Schedule) (JAN 2022)

(a) The Government may make multiple awards for the supplies or services offered in response to this solicitation that meet the 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 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 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]

Notes of Decisions

Cited in 5 cases, 2012–2015 · leading case: United States Ex Rel. Morsell v. Symantec Corp., 130 F. Supp. 3d 106 (D.D.C. 2015).

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United States Ex Rel. Morsell v. Symantec Corp., 130 F. Supp. 3d 106 (D.D.C. 2015). · cites it 3× “category of customers) *114 48 C.F.R. § 552.238-75 (a)-(c); see also Omnibus Compl.”

United States Ex Rel. Schweizer v. Océ N.V., 677 F.3d 1228 (D.C. Cir. 2012). “See 48 C.F.R. § 552.238-75 . The contracts also required Océ to sell to the government only goods made in the United States or other countries designated under the Trade Agreements Act, 19 U.”

United States Ex Rel. Schweizer v. Océ North Am., Inc., 956 F. Supp. 2d 1 (D.D.C. 2013). “at 1229 (citing 48 C.F.R. § 552.238-75 ). These contracts also contained “country-of-origin” clauses, requiring Océ to sell to the government only goods made in the United States or other countries designated under the Trade Agreements Act, 19 U.”

United States Ex Rel. Shemesh v. CA, Inc., 89 F. Supp. 3d 36 (D.D.C. 2015). “272 (a); see also 48 C.F.R. § 552.238-75 (b). The contractor must apply a price reduction under the MAS contract if the discount arrangement applicable to the identified commercial customer “results in a less advantageous relationship between the eligible ordering activities [of…”

United States ex rel. Schweizer v. Océ N.V., 677 F.3d 1228 (D.C. Cir. 2012). “See 48 C.F.R. § 552.238-75 . The contracts also required Océ to sell to the government only goods made in the United States or other countries designated under the Trade Agreements Act, 19 U.”

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