52.212-1 Instructions to

Offerors—Commercial Products and

Commercial Services.

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the

solicitation. However, the small business size standard for a concern that submits an offer, other

than on a construction or service acquisition, but proposes to furnish an end item that it did not

itself manufacture, process, or produce is 500 employees, or 150 employees for information

technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror

waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned,

or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at

or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449,

letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with

the requirements in the solicitation. This may include product literature, or other documents, if

necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror

shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and
relevant contracts for the same or similar items and other references (including contract numbers,

points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of

agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to

furnish required representations or information, or reject the terms and conditions of the solicitation

may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30

calendar days from the date specified for receipt of offers, unless another time period is specified in

an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or

prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these

samples shall be submitted at no expense to the Government, and returned at the sender’s request

and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms

and conditions, including alternative line items (provided that the alternative line items are

consistent with FAR subpart 4.10), or alternative commercial products or commercial services for

satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals,

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 offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer 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-

(A) 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 offers; or

(B) 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

(C) If this solicitation is a request for proposals, it was the only proposal received.

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

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

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

time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt
maintained by the installation, or oral testimony or statements of Government personnel.

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

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

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

solicitation or other notice of an extension of the closing date, the time specified for receipt of offers

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.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for

receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the

solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time

before the exact time set for receipt of offers, subject to the conditions specified in the solicitation

concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized

representative if, before the exact time set for receipt of offers, the identity of the person requesting

withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers

and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should

contain the offeror’s best terms from a price and technical standpoint. However, the Government

reserves the right to conduct discussions if later determined by the Contracting Officer to be

necessary. The Government may reject any or all offers if such action is in the public interest; accept

other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the

offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers

may not be submitted for quantities less than those specified. The Government reserves the right to

make an award on any item for a quantity less than the quantity offered, at the unit prices offered,

unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101–29, and copies of Federal specifications, standards, and product descriptions can be

downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions

cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST

website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense

Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email

at assisthelp@dla.mil.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for

their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers

at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered

in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and

address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the

unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter

its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character

suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to

establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11)

for the same entity. If the Offeror does not have a unique entity identifier, it should contact the

entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one.

The Offeror should indicate that it is an offeror for a Government contract when contacting the

entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall

disclose the following information, if applicable:

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

offer.

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

offeror and past performance information on the debriefed offeror.

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

selection.

(4) A summary of the rationale for award;

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

the successful offeror.

(6) 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)

Parent topic: 52.212 [Reserved]