FAR and DFARS › FAR Part 52: Solicitation Provisions and Contract Clauses › Subpart 52.2

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services.

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 solicitation provision explains how the Government will evaluate offers for commercial products and services and make the award. It states that award goes to the responsible offeror whose conforming offer is most advantageous to the Government based on price and other factors, and it describes how options and offer acceptance work.

Applies to: Offerors responding to solicitations for commercial products and commercial services

Key terms: most advantageous to the Government · evaluation factors · options · unbalanced option prices · binding contract

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

The text

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are ____ (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful 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)

Sections it refers to

  • 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
  • 15.304 Evaluation factors and significant subfactors.

Sections that refer to it

  • 12.301 Solicitation provisions and contract clauses for the acquisition of commercial products and commercial services.
  • 12.303 Contract format.
  • 12.602 Streamlined evaluation of offers.
  • 12.603 Streamlined solicitation for commercial products or commercial services.

← 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. · 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. →

Rule changes for FAR Part 52

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

FAR 52.212-2 Evaluation—Commercial Products and Commercial Services · SpendQuery