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FAR and DFARS › DFARS Part 215: Contracting by Negotiation › Subpart 215.2

DFARS 215.203-70 Requests for proposals—tiered evaluation of offers.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This DFARS section governs how contracting officers may use tiered (cascading) evaluation of offers, where offers from certain small business categories are considered before others. It requires the tier order to follow FAR part 19 and requires market research before a solicitation with tiered evaluation can be issued. If the contracting officer cannot determine whether the small business set-aside criteria are met, a written explanation must be placed in the contract file.

Applies to: Contracting officers issuing solicitations with tiered evaluation of offers

What it requires

  • Ensure the tiered order of precedence is consistent with FAR part 19
  • Give consideration to tiers of small businesses before evaluating offers from other than small business concerns
  • Conduct market research under FAR Part 10 and Part 210 before issuing a solicitation with tiered evaluation
  • Include a written explanation in the contract file if unable to determine whether the criteria in paragraph (c)(1) are met

Key terms: tiered evaluation of offers · cascading order of precedence · small business concerns · market research · contract file

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The tiered or cascading order of precedence used for tiered evaluation of offers shall be consistent with FAR part 19.

(b) Consideration shall be given to the tiers of small businesses (e.g., 8(a), HUBZone small business, service-disabled veteran-owned small business, small business) before evaluating offers from other than small business concerns.

(c) The contracting officer is prohibited from issuing a solicitation with a tiered evaluation of offers unless—

(1) The contracting officer conducts market research, in accordance with FAR Part 10 and Part 210, to determine—

(i) Whether the criteria in FAR part 19 are met for setting aside the acquisition for small business; or

(ii) For a task or delivery order, whether there are a sufficient number of qualified small business concerns available to justify limiting competition under the terms of the contract; and

(2) If the contracting officer cannot determine whether the criteria in paragraph (c)(1) of this section are met, the contracting officer includes a written explanation in the contract file as to why such a determination could not be made (Section 816 of Public Law 109-163).

Sections that refer to it

  • 213.106-1-70 Soliciting competition—tiered evaluation of offers.

← 215.101-71 Tradeoff process when acquiring fuel for overseas contingency operations. · 215.205 Issuing solicitations. →

Rule changes for DFARS Part 215

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 215.203-70 Requests for proposals—tiered evaluation of offers · SpendQuery