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Showing results for tags 'FAR Part 13'.
I'm not new to federal contracting but I thought this would be a good place to ask this question, and hope that in some eyes, I'm not overcomplicating things. I've often ascribed the borrowing of FAR Part procedures as the borrowing of a section of a FAR but I've been asked whether that's accurate and didn't have a good enough answer. For example someone in my office wants to borrow 1 line from part 15 in a FAR Part 13 acquisition. My answer was that they're borrowing the evaluation procedure, not the evaluation sentence under FAR Part 15 yada yada. But then I'm asked what the definition of a procedure is and I didn't have an answer. It's not defined under FAR Part 2. So my question is, what is a procedure in the context of using a "combination of procedures" from any parts of the FAR to craft an acquisition?
This is a basic question, but stay with me. For the past ten years and 5 agencies, I have inserted the provision FAR 52.212-1 into all solicitations for commercial items, including solicitations using FAR Part 12 in conjunction with FAR Part 13. The prescription states, "This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items and is incorporated in the solicitation by reference." It does not make a distinction between using FAR Part 12 in conjunction with FAR Part 13 vs FAR Part 14 or 15. So, the title of the provision is "Instructions to Offerors-Commercial Items. The Definition of Offer in FAR 2.101 states, "...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. Offeror means offeror or bidder. In addition, every lettered item in 52.212-1 is specific to offerors. (b ) submission of offers; (c ) Period for acceptance of offers; (e) Multiple offers; (f) Late submissions, modifications, reviions, and withdrawals of offers... I ask this question because I have always inserted it for ALL commercial acquisitions, but then I turn around and accept "late" quotes under FAR 13. It doesn't seem that this provision really belongs in RFQs. It seems basic enough, but no one seems willing (including legal) to say it doesn't belong, becuase, well, "it has always gone in." Thoughts? ...and if I put it in, am I then held to the more strict rules that would apply under FAR 14 and 15?