52.215-1 Instructions to OfferorsCompetitive Acquisition.

As prescribed in 15.209(a), insert the following provision:

Instructions to Offerors-Competitive Acquisition (Nov 2021)

(a) Definitions. As used in this provisionDiscussions are negotiations that occur after establishment of the competitive range that may, at the

Contracting Officer’s discretion, result in the offeror being allowed to revise its proposal.

In writing, "writing," or "written" means any worded or numbered expression that can be read,

reproduced, and later communicated, and includes electronically transmitted and stored

information.

Proposal modification is a change made to a proposal before the solicitation’s closing date and time,

or made in response to an amendment, or made to correct a mistake at any time before award.

Proposal revision is a change to a proposal made after the solicitation closing date, at the request of

or as allowed by a Contracting Officer as the result of negotiations.

Time, if stated as a number of days, is calculated using calendar days, unless otherwise specified,

and will include Saturdays, Sundays, and legal holidays. However, if the last day falls on a Saturday,

Sunday, or legal holiday, then the period shall include the next working day.

(b) Amendments to solicitations. If this solicitation is amended, all terms and conditions that are not

amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this

solicitation by the date and time specified in the amendment(s).

(c) Submission, modification, revision, and withdrawal of proposals.

(1) Unless other methods (e.g., electronic commerce or facsimile) are permitted in the solicitation,

proposals and modifications to proposals shall be submitted in paper media in sealed envelopes or

packages (i) addressed to the office specified in the solicitation, and (ii) showing the time and date

specified for receipt, the solicitation number, and the name and address of the offeror. Offerors

using commercial carriers should ensure that the proposal is marked on the outermost wrapper with

the information in paragraphs (c)(1)(i) and (c)(1)(ii) of this provision.

(2) The first page of the proposal must show–

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and electronic address if

available);

(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions

included in the solicitation and agreement to furnish any or all items upon which prices are offered

at the price set opposite each item;
(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of

persons authorized to negotiate on the offeror’s behalf with the Government in connection with this

solicitation; and

(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an

agent shall be accompanied by evidence of that agent’s authority, unless that evidence has been

previously furnished to the issuing office.

(3) Submission, modification, revision, and withdrawal of proposals.

(i) Offerors are responsible for submitting proposals, and any modifications or revisions, 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 proposal or revision is due.

(ii)

(A) Any proposal, modification, or revision 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-

(1) 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 proposals; or

(2) 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

(3) It is the only proposal received.

(B) However, a late modification of an otherwise successful proposal that makes its terms more

favorable to the Government, will be considered at any time it is received and may be accepted.

(iii) Acceptable evidence to establish the time of receipt at the Government installation includes the

time/date stamp of that installation on the proposal wrapper, other documentary evidence of receipt

maintained by the installation, or oral testimony or statements of Government personnel.

(iv) If an emergency or unanticipated event interrupts normal Government processes so that

proposals cannot be received at the office designated for receipt of proposals by the exact time

specified in the solicitation, and urgent Government requirements preclude amendment of the

solicitation, the time specified for receipt of proposals 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.

(v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals

in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile

proposals, proposals may be withdrawn via facsimile received at any time before award, subject to

the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be

withdrawn in person by an offeror or an authorized representative, if the identity of the person
requesting withdrawal is established and the person signs a receipt for the proposal before award.

(4) Unless otherwise specified in the solicitation, the offeror may propose to provide any item or

combination of items.

(5) Offerors shall submit proposals in response to this solicitation in English, unless otherwise

permitted by the solicitation, and in U.S. dollars, unless the provision at FAR 52.225-17, Evaluation

of Foreign Currency Offers, is included in the solicitation.

(6) Offerors may submit modifications to their proposals at any time before the solicitation closing

date and time, and may submit modifications in response to an amendment, or to correct a mistake

at any time before award.

(7) Offerors may submit revised proposals only if requested or allowed by the Contracting Officer.

(8) Proposals may be withdrawn at any time before award. Withdrawals are effective upon receipt of

notice by the Contracting Officer.

(d) Offer expiration date. Proposals in response to this solicitation will be valid for the number of

days specified on the solicitation cover sheet (unless a different period is proposed by the offeror).

(e) Restriction on disclosure and use of data. Offerors that include in their proposals data that they

do not want disclosed to the public for any purpose, or used by the Government except for

evaluation purposes, shall-

(1) Mark the title page with the following legend:

This proposal includes data that shall not be disclosed outside the Government and shall not be

duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this

proposal. If, however, a contract is awarded to this offeror as a result of-or in connection with-the

submission of this data, the Government shall have the right to duplicate, use, or disclose the data to

the extent provided in the resulting contract. This restriction does not limit the Government's right

to use information contained in this data if it is obtained from another source without restriction.

The data subject to this restriction are contained in sheets [insert numbers or other identification of

sheets]; and

(2) Mark each sheet of data it wishes to restrict with the following legend:

Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this

proposal.

(f) Contract award.

(1) The Government intends to award a contract or contracts resulting from this solicitation to the

responsible offeror(s) whose proposal(s) represents the best value after evaluation in accordance

with the factors and subfactors in the solicitation.

(2) The Government may reject any or all proposals if such action is in the Government’s interest.

(3) The Government may waive informalities and minor irregularities in proposals received.

(4) The Government intends to evaluate proposals and award a contract without discussions with

offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror’s initial
proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The

Government reserves the right to conduct discussions if the Contracting Officer later determines

them to be necessary. If the Contracting Officer determines that the number of proposals that would

otherwise be in the competitive range exceeds the number at which an efficient competition can be

conducted, the Contracting Officer may limit the number of proposals in the competitive range to

the greatest number that will permit an efficient competition among the most highly rated proposals.

(5) The Government reserves the right to make an award on any item for a quantity less than the

quantity offered, at the unit cost or prices offered, unless the offeror specifies otherwise in the

proposal.

(6) The Government reserves the right to make multiple awards if, after considering the additional

administrative costs, it is in the Government’s best interest to do so.

(7) Exchanges with offerors after receipt of a proposal do not constitute a rejection or counteroffer

by the Government.

(8) The Government may determine that a proposal is unacceptable if the prices proposed are

materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite

an acceptable total evaluated price, the price of one or more line items is significantly overstated or

understated as indicated by the application of cost or price analysis techniques. A proposal may be

rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to

the Government.

(9) If a cost realism analysis is performed, cost realism may be considered by the source selection

authority in evaluating performance or schedule risk.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful

offeror within the time specified in the proposal shall result in a binding contract without further

action by either party.

(11) If a post-award debriefing is given to requesting offerors, the Government shall disclose the

following information, if applicable:

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

offer.

(ii) The overall evaluated cost or price and technical rating of the successful and the debriefed

offeror and past performance information on the debriefed offeror.

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

selection.

(iv) A summary of the rationale for award.

(v) For acquisitions of commercial products, the make and model of the product to be delivered by

the successful offeror.

(vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether

sourceselection procedures set forth in the solicitation, applicable regulations, and other applicable

authorities were followed by the agency.

(End of provision)
Alternate I (Oct1997). As prescribed in 15.209 (a)(1), substitute the following paragraph (f)(4) for

paragraph (f)(4) of the basic provision:

(f)(4) The Government intends to evaluate proposals and award a contract after conducting

discussions with offerors whose proposals have been determined to be within the competitive range.

If the Contracting Officer determines that the number of proposals that would otherwise be in the

competitive range exceeds the number at which an efficient competition can be conducted, the

Contracting Officer may limit the number of proposals in the competitive range to the greatest

number that will permit an efficient competition among the most highly rated proposals. Therefore,

the offeror's initial proposal should contain the offeror's best terms from a price and technical

standpoint.

Alternate II (Oct1997). As prescribed in 15.209 (a)(2), add a paragraph (c)(9) substantially the same

as the following to the basic clause:

(c)(9) Offerors may submit proposals that depart from stated requirements. Such proposals shall

clearly identify why the acceptance of the proposal would be advantageous to the Government. Any

deviations from the terms and conditions of the solicitation, as well as the comparative advantage to

the Government, shall be clearly identified and explicitly defined. The Government reserves the right

to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on

the revised requirements.

Parent topic: 52.215 [Reserved]