48 C.F.R. §§ 52.217-10

Current through July 31, 2024
Section 52.217-10 - [Effective 8/29/2024] Reverse Auction

As prescribed in 17.805(a), insert the following provision:

Reverse Auction (Aug 2024)

(a)Definitions. As used in this provision-

Reverse auction means the process for obtaining pricing, usually supported by an electronic tool, in which offerors see competing offerors' price(s), without disclosure of the competing offerors' identity, and have the opportunity to submit lower priced offers until the close of the auction.

Reverse auction service provider means a commercial or Government entity that provides a means for conducting reverse auctions when acquiring supplies or services to be used by the Government.

(b)Reverse auction. The Government intends to conduct a reverse auction under this solicitation to award a contract or blanket purchase agreement.
(c)Offeror agreement. By submission of a quote or proposal in response to the solicitation, the Offeror agrees to participate in the reverse auction and agrees that the Government may reveal to all Offerors the offered price(s) in the auction, without revealing any Offeror's identity, except for the awardee's identity subsequent to an award resulting from the auction. The Offeror may withdraw its agreement to further participate in the process by withdrawing its offer before the close of the auction by notifying the Contracting Officer via the contact method identified in the solicitation.
(d)Only one offer. If the reverse auction produces only one offer, the Government reserves the right to cancel the auction.
(e)Release of information. The Government may use a reverse auction service provider to conduct the reverse auction. Any price or proposal information or source selection information received by the reverse auction service provider in relation to the reverse auction shall not be released, outside of the Government, unless otherwise required by law. However, this does not prevent the Government from revealing to all Offerors the offered price(s) in the auction, without revealing any Offeror's identity. Price or proposal information includes, but is not limited to-
(1) Contractor bid or proposal information, as defined at Federal Acquisition Regulation 3.104-1; and
(2) Information identified by the Offeror as restricted from duplication, use, or disclosure-in whole or in part-for any purpose other than to evaluate the Offeror's price or proposal.

(END OF PROVISION)

48 C.F.R. §§52.217-10

89 FR 61332, 8/29/2024