(d) The requirements documentation shall specify the accessibility standards applicable in the field of information and communication technologies in accordance with 36 CFR 1194.1 (see point (f) of 11.002 and subsection 39.2). (b) Tenders shall be evaluated in accordance with the criteria set out in the call. For many commercial products or services, the criteria do not need to be more detailed than technical (ability of the item offered to meet the needs of the agency), price and past performance. Technical performance can be assessed based on the extent to which the proposed products or services meet government requirements, rather than by predetermined sub-factors. Requests for commercial products or services need not necessarily contain technical performance sub-factors if the request adequately describes the intended use of the commercial product or service. A technical assessment would normally include the review of documents such as product or service documentation, product samples (if desired), technical specifications, and warranty conditions. Past performance shall be evaluated in accordance with the procedures set out in section 13.106 and subsection 15.3 respectively. Customer shall ensure that the instructions in the provision in 52.212-1, Instructions for Suppliers – Commercial Products and Services, and the evaluation criteria in the provision of 52.212-2, Evaluation – Commercial Products and Commercial Services, coincide. (2) The implied warranty of fitness for a particular purpose provides that an item is suitable for the specific use for which the government will use the items. The government can rely on an implicit guarantee of fitness for a particular purpose if, I wonder, what is meant by „to the greatest extent possible.“ 3.
The Customer may apply the provisions and clauses contained in Part 23 on the use of products containing recovered materials and bio-based products if this is appropriate for the item to be purchased. You should use FAR Part 12 in conjunction with FAR Part 13, 14 or 15 („must“) – make your choice based on the details of your acquisition. See FAR 12.102(b) and 12.203.c) Adjustments inconsistent with normal business practices. The contract agent shall not adapt a clause or otherwise include additional terms in a solicitation or contract for commercial products or services that are inconsistent with normal business practices for the item to be acquired, unless a waiver is approved in accordance with the agency`s procedures. The request for exemption must describe the usual commercial practice in the marketplace, support the need to include a provision or condition inconsistent with that practice, and include a finding that the application of a normal business practice is inconsistent with the needs of the government. A waiver may be requested for a person or class of contracts for that particular item. (b) Procuring entities should allow suppliers to offer multiple tenders that meet a government need in response to requests for commercial goods or services. The customer evaluates each offer separately.
(b) Guidelines for the management of commercial goods or services contracts in areas where the conditions set out in paragraphs 52.212-4 differ materially from those contained elsewhere in the FAR. (c) Follow the procedures in subsection 11.2 regarding the identification and availability of specifications, standards and descriptions of commercial items. Although the customer must prove the suitability of the price in accordance with articles 13.106-3, 14.408-2 or paragraph 15.4, the customer must be aware of the commercial products and commercial services and the conditions when pricing the commercial goods. Prices of commercial products and commercial services are influenced by factors that include, but are not limited to, delivery speed, warranty duration and extent, seller`s limitations of liability, quantities ordered, service life, and specific performance requirements. The contract agent must ensure that the terms, conditions and prices of the contract meet the needs of the government. (2) A contract agent may include appropriate provisions and clauses if the use of the options is in the interest of the government. For this purpose, the provisions and clauses of 17.208 may be used. Where the provision referred to in point 52.212-2 is used, subparagraph (b) provides for the evaluation of options. (7) 41 U.S.C. Chapter 65, Contracts for Materials, Supplies, Articles and Equipment Over $10,000 (see Subsection 22.6). This part prescribes policies and procedures that are unique to the purchase of commercial products, including commercial components, and commercial services.
It implements the federal government`s preference for the acquisition of commercial goods and services contained in 41 U.S.C. 1906, 1907 and 3307 and 10 U.S.C. 2375-2377 by establishing acquisition guidelines similar to those in the commercial market and encouraging the acquisition of commercial products and services. (b) Express Warranties. 41 U.S.C.3307(e)(5)(B) requires contract agents to avail themselves of commercial guarantees. To the extent possible, when soliciting government commercial products, suppliers should offer at least the same warranty terms, including extended warranty offers available to the public in normal business practices. .