FAR 26.202-2—Evaluation preference.
Plain-English Summary
FAR 26.202-2 addresses when a contracting officer may apply an evaluation preference in source selection or price evaluation, but only if that preference is authorized by agency regulations or procedures. In practice, this section is a narrow permission rule: it does not create a preference by itself, and it does not tell agencies what preference to use. Instead, it confirms that any evaluation preference must come from higher-level agency policy and must be applied consistently with that policy during the acquisition process. The section matters because evaluation preferences can affect competition, ranking, award decisions, and the apparent value of offers, so contracting officers need a clear legal basis before using one. For contractors, this means that whether a preference exists, how it is applied, and whether it changes evaluation results will depend on the specific agency’s rules and the solicitation. For agencies, it reinforces the need to establish and document preference policies before they are used in procurements.
Key Rules
Preference must be authorized
A contracting officer may use an evaluation preference only when agency regulations or procedures specifically authorize it. The FAR section itself does not independently grant authority to create or apply a preference.
Agency policy controls
The content, scope, and method of applying the preference come from the agency’s own regulations or procedures. The contracting officer must follow those agency-specific rules rather than inventing a preference or applying one informally.
Discretion is limited
The word 'may' means use of an evaluation preference is permissive, not mandatory, even when authorized. The contracting officer still has to decide whether the preference is appropriate for the acquisition and consistent with the solicitation and applicable policy.
Evaluation-stage effect only
This provision concerns evaluation preferences, meaning they affect how offers are assessed for award. It does not itself establish a socioeconomic set-aside, a mandatory source requirement, or any substantive procurement preference outside the evaluation process.
Responsibilities
Contracting Officer
Verify that an evaluation preference is authorized by applicable agency regulations or procedures before using it. Apply the preference only as permitted, ensure the solicitation and evaluation are consistent with the governing policy, and avoid using any preference without a valid regulatory basis.
Agency
Issue regulations or procedures that clearly authorize any evaluation preference the agency wants to use. Define how the preference works, when it applies, and how it should be documented and implemented in procurements.
Offerors/Contractors
Review the solicitation and applicable agency rules to determine whether an evaluation preference may affect the competition. Structure proposals and pricing with awareness that an authorized preference could change evaluation outcomes.
Practical Implications
This section is a gatekeeping rule: if agency policy does not authorize the preference, the contracting officer should not use it.
A common pitfall is assuming a preference exists because it is used in other agencies or in other procurements; the authority must come from the specific agency’s regulations or procedures.
Contracting officers should make sure the solicitation clearly reflects any applicable preference so offerors understand how evaluation will be conducted.
Contractors should not assume all solicitations are evaluated on a strictly neutral basis; an authorized preference can change the competitive standing of offers.
Documentation matters: if a preference is used, the file should show the agency authority and how the preference was applied in the evaluation.
Official Regulatory Text
The contracting officer may use an evaluation preference, when authorized in agency regulations or procedures.