Federal Register - November 4, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations commercial products or commercial services in its place;
c. Removing from paragraph b the terms Subpart 22.3 and commercial items or commercial components and adding subpart 22.3 and commercial products or commercial services in their places, respectively; and d. Removing from paragraph c the words regards and commercial items or commercial components and adding regard and commercial products or commercial services in their places, respectively.
The revision reads as follows:
commercially available off-the-shelf COTS items in its place; and c. Removing from paragraph b the term commercial items and adding commercial products or commercial services in its place.
12.501
Amended
71. Amend section 12.501 by removing from paragraphs a and b the term commercial items and adding commercial products or commercial services in its place.
12.502
Amended
72. Amend section 12.502 by a. Removing from paragraph a the text commercial items and adding commercial products or commercial services in its place; and b. Revising paragraph b.
The revision reads as follows:
12.502
12.504 Applicability of certain laws to subcontracts for the acquisition of commercial products and commercial services.
12.505
b For subcontracts for the acquisition of commercial products or commercial services, the clauses at 52.2125, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services, and 52.2446, Subcontracts for Commercial Products and Commercial Services, reflect the applicability of the laws listed in 12.504 by identifying the only provisions and clauses that are required to be included in a subcontract at any tier for the acquisition of commercial products or commercial services.
73. Amend section 12.503 by a. Revising the section heading;
b. Removing from paragraph a the text commercial items and adding commercial products or commercial services in its place;
c. Removing from paragraph b the text commercial items and adding commercial products and commercial services in its place; and d. Removing from paragraph c the words regards and commercial items and adding regard and commercial products and commercial services in their places, respectively.
The revision reads as follows:
12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services.
Amended
74. Amend section 12.504 by a. Revising the section heading;
b. Removing from paragraph a the phrase commercial items or commercial components and adding
Subpart 12.6Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services
12.601
General.
a This subpart provides optional procedures for 1 Streamlined evaluation of offers for commercial products or commercial services; and 2 Streamlined solicitation of offers for commercial products or commercial services for use where appropriate.
b These procedures are intended to simplify the process of preparing and issuing solicitations and evaluating offers for commercial products or commercial services consistent with customary commercial practices.
78. Amend section 12.602 by a. Removing from paragraph a:
i. The term Commercial Items and adding Commercial Products and Commercial Services in its place; and ii. The term commercial items and adding commercial products or commercial services in its place; and b. Revising paragraph b.
The revision reads as follows:
12.602
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79. Amend section 12.603 by a. Revising the section heading;
b. Removing from paragraph a the term commercial items and adding commercial products or commercial services in its place;
c. Removing from paragraph c2i the terms commercial items and Subpart 12.6 and adding commercial products or commercial services and subpart 12.6 in their places, respectively;
d. Removing from paragraph c2viii the text Commercial and adding Commercial Products and Commercial Services in its place;
e. Removing from paragraphs c2ix, x, and xi the text Commercial Items and adding Commercial Products and Commercial Services in its place; and f. Removing from paragraph c2xii the phrase Or Executive Orders Commercial Items and adding or Executive OrdersCommercial Products and Commercial Services in its place.
The revision reads as follows:
77. Revise section 12.601 to read as follows:
20:16 Nov 03, 2021
75. Amend section 12.505 by removing from the introductory text the words commercial items and adding commercial products in its place.
76. Revise the heading of subpart 12.6
to read as follows:
VerDate Sep<11>2014
Procedures.
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services, the criteria need not be more detailed than technical capability of the item offered to meet the agency need, price, and past performance. Technical capability may be evaluated by how well the proposed products or services meet the Government requirement instead of predetermined subfactors.
Solicitations for commercial products or commercial services do not have to contain subfactors for technical capability when the solicitation adequately describes the intended use of the commercial product or commercial service. A technical evaluation would normally include examination of such things as product or service literature, product samples if requested, technical features, and warranty provisions. Past performance shall be evaluated in accordance with the procedures in section 13.106 or subpart 15.3, as applicable. The contracting officer shall ensure the instructions provided in the provision at 52.2121, Instructions to OfferorsCommercial Products and Commercial Services, and the evaluation criteria provided in the provision at 52.2122, Evaluation Commercial Products and Commercial Services, are in agreement.
Streamlined evaluation of offers.
b Offers shall be evaluated in accordance with the criteria contained in the solicitation. For many commercial products or commercial
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12.603 Streamlined solicitation for commercial products or commercial services.
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