FAR 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. Basic (Nov 2021) (Current)

As prescribed in 12.301(b), insert the following provisions in solicitations for the acquisition of commercial products or commercial services, and clauses in solicitations and contracts for the acquisition of commercial items:

      (1) The provision at 52.212-1 ,Instructions to Offerors-Commercial Products and Commercial Services. This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial products or commercial services and is incorporated in the solicitation by reference (see Block 27 a, SF 1449). The contracting officer may tailor these instructions or provide additional instructions tailored to the specific acquisition in accordance with 12.302.
 

Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021)

      (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

           (1)Is set aside for small business and has a value above the simplified acquisition threshold;

           (2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

           (3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

      (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

           (1) The solicitation number;

           (2) The time specified in the solicitation for receipt of offers;

           (3) The name, address, and telephone number of the offeror;

           (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

           (5) Terms of any express warranty;

           (6) Price and any discount terms;

           (7) "Remit to" address, if different than mailing address;

           (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

           (9) Acknowledgment of Solicitation Amendments;

           (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

           (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

      (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

      (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

      (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart  4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

      (f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

           (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

                     (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

                     (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

                     (C) If this solicitation is a request for proposals, it was the only proposal received.

                (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

           (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

           (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

           (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

      (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

      (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

      (i) Availability of requirements documents cited in the solicitation.

           (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section

Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

                (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

           (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

                (i) ASSIST ( https://assist.dla.mil/online/start/).

                (ii) Quick Search ( http://quicksearch.dla.mil/).

           (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-

                (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

                (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

                (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

           (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

      (j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart  32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

      (k) [Reserved]

      (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

           (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

           (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

           (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

           (4) A summary of the rationale for award;

           (5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

           (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)
 

NONE

Non-commercial items ✖ Subcontractor ✖ Contracts ✖ 

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services).

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.219-8 Utilization of Small Business Concerns.

52.219-9 Small Business Subcontracting Plan.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.242-3 Penalties for Unallowable Costs.

52.245-1 Government Property.

52.219-14 Limitations on Subcontracting.

52.219-16 Liquidated Damages-Subcontracting Plan.

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns.

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.219-33 Nonmanufacturer Rule.

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.225-6 Trade Agreements Certificate.

52.225-9 Buy American-Construction Materials.

52.225-13 Restrictions on Certain Foreign Purchases.

52.228-11 Pledges of Assets.

52.204-2 Security Requirements.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.229-12 Tax on Certain Foreign Procurements.

52.219-1 Small Business Program Representations.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.208-8 Required Sources for Helium and Helium Usage Data.

52.209-7 Information Regarding Responsibility Matters.

52.212-4 Contract Terms and Conditions-Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.219-3 Notice of HUBZone Set-Aside or Sole Source Award.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-9 Small Business Subcontracting Plan.

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.219-6 Notice of Total Small Business Set-Aside.

52.219-11 Special 8(a) Contract Conditions.

52.219-12 Special 8(a) Subcontract Conditions.

52.219-13 Notice of Set-Aside of Orders.

52.219-14 Limitations on Subcontracting.

52.219-17 Section 8(a) Award.

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Rerepresentation.

52.219-29 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.

52.219-9 Small Business Subcontracting Plan.

52.222-50 Combating Trafficking in Persons.

52.225-1 Buy American-Supplies

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.229-13 Taxes—Foreign Contracts in Afghanistan.

52.229-14 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.246-26 Reporting Nonconforming Items.

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.

52.222-4 Contract Work Hours and Safety Standards —Overtime Compensation.

52.222-19 Child Labor-Cooperation with Authorities and Remedies.

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

52.222-31 Construction Wage Rate Requirements-Price Adjustment (Percentage Method).

52.222-32 Construction Wage Rate Requirements-Price Adjustment (Actual Method).

52.222-41 Service Contract Labor Standards.

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

52.223-11 Ozone-Depleting Substances.

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-26 Contractors Performing Private Security Functions Outside the United States.

52.228-11 Pledges of Assets.

52.228-15 Performance and Payment Bonds-Construction.

52.230-5 Cost Accounting Standards-Educational Institution.

52.234-2 Notice of Earned Value Management System-Preaward Integrated Baseline Review.

52.234-3 Notice of Earned Value Management System-Postaward Integrated Baseline Review.

52.234-4 Earned Value Management System.

52.243-7 Notification of Changes.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-7 Notice of Partial Small Business Set-Aside.

52.222-55 Minimum Wages Under Executive Order 13658.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.222-50 Combating Trafficking in Persons.

52.204-26 Covered Telecommunications Equipment or Services—Representation.

52.248-3 Value Engineering—Construction.

52.204-26 Covered Telecommunications Equipment or Services-Representation.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.219-1 Small Business Program Representations.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.219-28 Post-Award Small Business Program Representation.

52.222-55 Minimum Wages Under Executive Order 13658.

52.209-12 Certification Regarding Tax Matters.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.225-1 Buy American-Supplies

52.225-2 Buy American Certificate.

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

52.225-9 Buy American-Construction Materials.

52.225-11 Buy American-Construction Materials under Trade Agreements.

52.225-21 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).

52.223-3 Hazardous Material Identification and Material Safety Data.

52.225-2 Buy American Certificate.

52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.209-5 Certification Regarding Responsibility Matters.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.228-15 Performance and Payment Bonds—Construction.

52.230-1 Cost Accounting Standards Notices and Certification.

52.230-2 Cost Accounting Standards.

52.230-3 Disclosure and Consistency of Cost Accounting Practices.

52.230-4 Disclosure and Consistency of Cost Accounting Practices—Foreign Concerns.

52.230-5 Cost Accounting Standards—Educational Institution.

52.246-26 Reporting Nonconforming Items.

52.248-1 Value Engineering.

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

52.214-26 Audit and Records—Sealed Bidding.

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding.

52.215-2 Audit and Records—Negotiation.

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications.

52.215-12 Subcontractor Certified Cost or Pricing Data.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.

52.219-9 Small Business Subcontracting Plan.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-16 Preventing Personal Conflicts of Interest.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.227-1 Authorization and Consent.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

252.229-7000 Invoices Exclusive of Taxes or Duties.

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

252.245-7002 Reporting Loss of Government Property.

252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001)

252.249-7002 Notification of Anticipated Contract Termination or Reduction.

252.225-7012 Preference for Certain Domestic Commodities.

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.211-7007 Reporting of Government-Furnished Property.

552.215-71 Examination of Records by GSA (Multiple Award Schedule).

552.204-9 Personal Identity Verification Requirements.

552.243-71 Equitable Adjustments.

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