ContractingPeoplesHatred Posted September 7, 2018 Report Share Posted September 7, 2018 Hello, I am wondering the applicability of FAR Clause 52.212-4 to RFQs and resulting contracts under FAR Part 13 procedures. The prescription at FAR 12.301(b)(1) states "This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items..." Offer as defined by FAR Part 2 "means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called “bids” or “sealed bids”; responses to requests for proposals (negotiation) are offers called “proposals”; however, responses to requests for quotations (simplified acquisition) are “quotations,” not offers." Would this not mean that any commercial item acquisition under FAR Part 13 procedures should not include FAR 52.212-4? Link to comment Share on other sites More sharing options...
Don Mansfield Posted September 7, 2018 Report Share Posted September 7, 2018 Actually, the prescription for FAR 52.212-4 is at FAR 12.301(b)(3). You're quoting from the prescription for FAR 52.212-1. If you're asking whether you would use FAR 52.212-1 and -4 in a commercial solicitation when using SAP, then the answer is yes. However, you should tailor FAR 52.212-1 if you are soliciting quotes. Suggest you read this: Link to comment Share on other sites More sharing options...
Recommended Posts