# 538.270-2 Evaluation of offers with access to transactional data.

1. (a) Applicability. Utilize this evaluation methodology for negotiating MAS offers when the commercial sales practices format is not included in the solicitation (see 515.408).

2. (b) Contracting Officers shall utilize the techniques in FAR 15.404 when evaluating pricing for MAS offers.

3. (c) Order of preference. When evaluating MAS offers and establishing negotiation objectives, Contracting Officers shall–

   1. (1) Use the following data that is already readily available in accordance with FAR 15.404-1(b)(2)(ii):

      1. (i) Prices paid information on contracts for the same or similar items.

      2. (ii) Contract-level prices on other MAS contracts or other government-wide contracts for the same or similar items.

      3. (iii) Commercial data sources that consolidate and normalize prices offered by commercial vendors to the general public to compare prices for the same or similar items.

   2. (2) If the Contracting Officer cannot determine the prices offered to be fair and reasonable based on the data described in 538.270-2(c)(1), perform market research to compare prices for the same or similar items in accordance with FAR 15.404-1(b)(2)(vi).

   3. (3) If the Contracting Officer cannot determine the prices offered to be fair and reasonable based on the data described in 538.270-2(c)(1) or (2), perform an analysis of data other than certified cost or pricing data (as defined at FAR 2.101) provided by the offeror in accordance with FAR 15.404-1(b)(2)(vii).