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 L.14
FAR 52.215-16, CONTRACT AWARD (OCT 1995)
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NOTE: FAR Clause 52.215-16, "Contract Award", basic clause or
Alternates I or II is required in all RFP's. Be aware that the format
of the clause has changed. The basic clause now states that the
government will hold discussions. Alternative II states that we
intend to award without discussions, but we reserve the right to hold
discussions, if later determined by the contracting officer to be
necessary. A new paragraph (h) has also been added containing
information pertaining to post-award debriefings.
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(a) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, cost or
price and other factors, specified elsewhere in this solicitation,
considered.
(b) The Government may (1) reject any or all offers if such
action is in the public interest, (2) accept other than the lowest
offer, and (3) waive informalities and minor irregularities in offers
received.
(c) The Government intends to evaluate proposals and award a
contract after conducting written or oral discussions with all
responsible offerors whose proposals have been determined to be within
the competitive range. However, each initial offer should contain the
offeror's best terms from a cost or price and technical standpoint.
(d) 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 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 cost or prices offered, unless the
offeror specifies otherwise in the offer.
(e) A written award or acceptance of offer mailed or otherwise
furnished to the successful offeror within the time for acceptance
specified in the offer shall result in a binding contract without
further action by either party. Before the offer's specified
expiration time, the Government may accept an offer (or part of an
offer, as provided in paragraph (d) above), whether or not there are
negotiation after its receipt, unless a written notice of withdrawal
is received before award. Negotiations conducted after receipt of an
offer do not constitute a rejection or counteroffer by the Government.
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