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SUBPART 225.4TRADE AGREEMENTS

By Megan Rose,2014-03-20 02:40
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2 Aug 2007i Conduct market research appropriate to the circumstances beforeii Use the results of market research to determine

    Limitations on Tiered Evaluation of Offers

    DFARS Case 2006-D009

    Final Rule

PART 202DEFINITIONS

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202.101 Definitions.

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    “Tiered evaluation of offers,” also known as “cascading evaluation of offers,” means a procedure used in negotiated acquisitions, when

    market research is inconclusive for justifying limiting competition to small business concerns, whereby the contracting officer

     (1) Solicits and receives offers from both small and other than small business concerns;

     (2) Establishes a tiered or cascading order of precedence for evaluating offers that is specified in the solicitation; and

     (3) If no award can be made at the first tier, evaluates offers at the next lower tier, until award can be made.

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PART 210MARKET RESEARCH

210.001 Policy.

     (a) In addition to the requirements of FAR 10.001(a), agencies shall

     (i) Conduct market research appropriate to the circumstances before

     (A) Soliciting offers for acquisitions that could lead to a consolidation of contract requirements as defined in 207.170-2; or

     (B) Issuing a solicitation with tiered evaluation of offers (Section 816 of Pub. L. 109-163); and

     (ii) Use the results of market research to determine

     (A) Whether consolidation of contract requirements is necessary and justified in accordance with 207.170-3; or

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     (B) Whether the criteria in FAR Part 19 are met for setting aside the acquisition for small business or, for a task or delivery order, whether there are a sufficient number of qualified small business concerns available to justify limiting competition under the terms of the contract. If the contracting officer cannot determine whether the criteria are met, the contracting officer shall include a written explanation in the contract file as to why such a determination could not be made (Section 816 of Pub. L. 109-163).

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PART 213SIMPLIFIED ACQUISITION PROCEDURES

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213.106-1-70 Soliciting competition tiered evaluation of offers.

     [See limitations on the use of tiered evaluation of offers at 215.203-70.]

     (a) The tiered or cascading order of precedence used for tiered evaluation of offers shall be consistent with FAR Part 19.

     (b) Consideration shall be given to the tiers of small

    businesses (e.g., 8(a), HUBZone small business, service-disabled

    veteran-owned small business, small business) before evaluating

    offers from other than small business concerns.

     (c) Before issuing a solicitation with a tiered evaluation of offers

     (1) The contracting officer shall conduct market research,

    in accordance with FAR Part 10 and Part 210, to determine

     (i) Whether the criteria in FAR Part 19 are met for setting aside the acquisition for small business; or

     (ii) For a task or delivery order, whether there are a

    sufficient number of qualified small business concerns available to justify limiting competition under the terms of the contract; and

     (2) If the contracting officer cannot determine whether the

    criteria in paragraph (c)(1) of this section are met, the

    contracting officer shall include a written explanation in the contract file as to why such a determination could not be made (Section 816 of Pub. L. 109-163).

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PART 215CONTRACTING BY NEGOTIATION

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    SUBPART 215.2SOLICITATION AND RECEIPT OF PROPOSALS AND INFORMATION

    215.203-70 Requests for proposals tiered evaluation of offers.

     (a) The tiered or cascading order of precedence used for tiered evaluation of offers shall be consistent with FAR Part 19.

     (b) Consideration shall be given to the tiers of small businesses (e.g., 8(a), HUBZone small business, service-disabled veteran-owned small business, small business) before evaluating offers from other than small business concerns.

     (c) Before [The contracting officer is prohibited from] issuing

    a solicitation with a tiered evaluation of offers [unless]

     (1) The contracting officer shall conduct[s] market research,

    in accordance with FAR Part 10 and Part 210, to determine

     (i) Whether the criteria in FAR Part 19 are met for setting aside the acquisition for small business; or

     (ii) For a task or delivery order, whether there are a sufficient number of qualified small business concerns available to justify limiting competition under the terms of the contract; and

     (2) If the contracting officer cannot determine whether the criteria in paragraph (c)(1) of this section are met, the contracting officer shall include[s] a written explanation in the contract file as to why such a determination could not be made (Section 816 of Pub. L. 109-163).

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PART 219SMALL BUSINESS PROGRAMS

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    SUBPART 219.11PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS

219.1102 Applicability.

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     (c) Also, do not use the price evaluation adjustment in acquisitions that use tiered evaluation of offers, until a tier is reached that considers offers from other than small business concerns.

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    SUBPART 219.13HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZONE) PROGRAM

    219.1307 Price evaluation preference for HUBZone small business concerns.

     (a) Also, do not use the price evaluation preference in acquisitions that use tiered evaluation of offers, until a tier is reached that considers offers from other than small business concerns.

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