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Simplified Commercial Item Clause 52-212-4

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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?

 

 

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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: 

 

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