are those established in FAR 15.5 and this subpart.

(c) For detailed information on unsolicited proposals, see 715.504; for initial contact point within AID, see 715.506.

715.504 Advance guidance.

(a) Information concerning AID's policies for unsolicited proposals (other than research) is available from the Agency for International Development, OSDBU/MRC, room 1400A, SA-14, Washington, DC 20523-1414. For unsolicited research proposals the address is the Agency for International Development, R&D/RES, room 320, SA-18, Washington, DC 20523-1807.

(b) The information available con

cerns:

(1) Contact points within AID; (2) Definitions;

(3) Characteristics of a suitable proposal;

(4) Determination of contractor responsibility;

(5) Organizational conflict of interest;

(6) Cost sharing; and

(7) Procedures for submission and evaluation of proposals.

[49 FR 13240, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985; 52 FR 21058, June 4, 1987; 56 FR 2699, Jan. 24, 1991; 56 FR 67224, Dec. 30, 1991]

715.506 Agency procedures and point of contact.

Initial inquiries and subsequent unsolicited proposals should be submitted to the address specified in section 715.504 of this subpart.

[56 FR 2699, Jan. 24, 1991]

715.506-1 Receipt, and initial review.

AID follows the policies and procedures established on FAR 15.506-1 and 15.506-2.

Subpart 715.6-Source Selection 715.605 Evaluation factors.

715.605-70 AID specific evaluation factors.

(a) Use of prior AID or other U.S. governmental experience as an evaluation factor is not usually appropriate. If such a criterion is proposed, its use must be approved by the Head of the

Contracting Activity; no numerical value may be assigned, nor may such factor be listed as a significant evaluation factor or subfactor without the approval of the Head of the Contracting Activity.

(b) Prior overseas experience and experience in the region or country concerned is often a significant evaluation factor; when it is used, both organizational experience and experience of proposed personnel should be considered. When using prior overseas/regional/country experience as an evaluation factor, it is not to be a controlling factor and may not be assigned a value greater than 10% (e.g., 10 points in a 100 point matrix) without the approval of the cognizant Assistant Administrator or Mission Director.

[54 FR 46389, Nov. 3, 1989]

715.608-70 Proposal evaluation.

(a) AID evaluation committees. An evaluation committee shall be established for each proposed procurement. In each case, these committees shall be composed of a chairman representing the project office, a representative of the contracting office, and representatives from other concerned offices as appropriate.

(b) Functions and procedures of AID evaluation committees.

(1) The functions of an evaluation committee shall be:

(i) To evaluate all proposals pursuant to the evaluation criteria established and set forth in the solicitation document.

(ii) To prepare a written listing of all offerors together with the results of the evaluation of their proposals. Such a listing shall be sent by the chairman to the contracting officer setting forth the results of the evaluation.

(iii) The contracting officer is responsible for reviewing the written evaluation results to determine that they are adequate and complete.

(2) The procedures for an evaluation committee shall be:

(i) The contracting officer will receive all proposals and provide a listing and copies to the chairman.

(ii) The chairman will promptly call a meeting of the committee to evaluate the proposals received. The evaluation will be based on the evaluation

715.613-70 Title XII selection procedure-general.

(a) General. The Deputy Administrator has determined, as provided in AIDAR 706.302–70(b)(3)(ii) that use of this Title XII source selection procedure is necessary so as not to impair or affect AID's ability to administer Title XII of the Foreign Assistance Act. This determination is reflected in AIDAR 706.302-70(b)(4). This constitutes authority for other than full and open competition when selecting Title XII institutions to perform Title XII projects.

(b) Scope of subsection. This subsection prescribes policies and procedures for the selection of institutions eligible under Title XII of the Foreign Assistance Act of 1961, as amended, to perform activities authorized under Title XII.

(c) Applicability. The provisions of this subsection are applicable when the project office certifies that the activity is authorized under Title XII, and determines that use of the Title XII selection procedure is appropriate.

(d) Solicitation, evaluation, and selection procedures. (1) Competition shall be sought among eligible Title XII institutions to the maximum practicable extent; this requirement shall be deemed satisfied when a contractor is selected under the procedures of this subsection.

(2) The project office shall—

(i) Prepare selection criteria for evaluation of eligible institutions for use in preparing the source list, determining predominantly qualified sources, and selecting the contractor;

(ii) Prepare an initial list of eligible institutions considered qualified to perform the proposed activity;

(iii) Provide a statement describing qualifications and areas of expertise considered essential, a statement of work, estimate of personnel requirements, special requirements (logistic support, government furnished property, and so forth) for the contracting officer's use in preparing the request for technical proposal (RFTP).

(iv) Send a memorandum incorporating the certification and determination required by paragraph (c) of this section, together with the information required by paragraphs (d)(2) (i) through (iii) of this section, with the "Action" copy of the PIO/T to the contracting officer, requesting him/her to prepare and distribute the RFTP.

(3) Upon receipt and acceptance of the project officer's request, the contracting officer shall prepare the RFTP. The RFTP shall contain sufficient information to enable an offeror to submit a responsive and complete technical proposal. This includes a definitive statement of work, an estimate of the personnel required, and special provisions (such as logistic support, government furnished equipment, and so forth), a proposed contract format, and evaluation criteria. No cost or pricing data will be requested or required by the RFTP. The RFTP will be distributed to the eligible institutions recommended by the project office. The RFTP will be synopsized, as required by FAR 5.201, and will normally allow a minimum of 60 days for preparation and submission of a proposal.

(4) Upon receipt of responses to the RFTP by the contracting officer, an evaluation committee will be established as provided for in 715.608 of this subpart.

(5) The evaluation committee will evaluate all proposals in accordance with the criteria set forth in the RFTP, and will prepare a selection memorandum which shall:

(i) State the evaluation criteria;

(ii) List all of the eligible institutions whose proposals were reviewed;

(iii) Report on the ranking and rationale therefor for all proposals;

(iv) Indicate the eligible institution or institutions considered best qualified.

(6) The evaluation committee will submit the selection memorandum to the contracting officer for review and approval.

(7) The contracting officer will either approve the selection memorandum, or return it to the evaluation committee for reconsideration for specified rea

sons.

(8) If the selection memorandum is approved, the contracting officer shall obtain cost, pricing, and other necessary data from the recommended institution or institutions and shall conduct negotiations. If a satisfactory contract cannot be obtained, the contracting officer will so advise the evaluation committee. The evaluation committee may then recommend an alternate institution or institutions.

[52 FR 6158, Mar. 2, 1987, as amended at 54 FR 28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990]

715.613-71 Title XII selection procedure collaborative assistance.

(a) General. The Deputy Administrator has determined, as provided in AIDAR 706.302–70(b)(3)(ii) that use of this Title XII source selection procedure is necessary so as not to impair or affect AID's ability to administer Title XII of the Foreign Assistance Act. This determination is reflected in AIDAR 706.302-70(b)(4). This constitutes authority for other than full and open competition when selecting Title XII institutions to perform Title XII projects.

(b) Scope of subsection. This section prescribes policies and procedures for the selection of institutions eligible under Title XII of the Foreign Assistance Act of 1961, as amended, to perform activities authorized under Title XII, where AID has determined that use of the collaborative assistance contracting system is appropriate.

(c) Definition. (1) A collaborative assistance project is any project for which it has been determined under paragraph (e) of this subsection that:

(i) A continuing collaborative relationship between AID, the host country, and the contractor is required from project design through completion of the project. AID, host country,

and contractor participation in a continuing review and evaluation of the project is essential for its proper execution; and

(ii) The activity is authorized under Title XII.

(2) The collaborative assistance method is fully defined and discussed in AIDAR Appendix F-Use of Collaborative Assistance Method for Title XII Activities.

(d) Applicability. The provisions of this subsection are applicable when the project office makes the determinations required by paragraph (c)(1) of this section.

(e) Determination. In order to prepare a contract under the collaborative assistance method, the determinations in paragraph (c)(1) of this section must be made in accordance with the following procedures:

(1) The responsible project office makes a preliminary finding that an activity is authorized by Title XII and should be classed as collaborative assistance in accordance with paragraph (c)(1) of this section.

(2) Based upon this preliminary finding, the project office shall establish an evaluation panel consisting of a representative of the project office as chairman; a representative of the contracting officer; and any other representatives considered appropriate by the chairman.

(3) The evaluation panel will review the proposed project; based on the panel's findings, the chairman will make the formal, written determinations required by paragraph (c)(1) of this section.

(f) Evaluation and selection. (1) Competition shall be sought among eligible Title XII institutions to the maximum practicable extent; this requirement shall be deemed satisfied when a contractor is selected under the procedures of this section.

(2) The evaluation panel shall:

(i) Prepare evaluation and selection criteria;

(ii) Prepare an initial source list of eligible institutions considered qualified to perform the proposed project; and

(iii) Evaluate the list, using the evaluation criteria previously determined, for the purpose of making a written de

Subpart 716.5-Indefinite Delivery Contracts

716.501 General.

(a)-(b) [Reserved]

(c) AID uses a combination of contract types to obtain short term (generally up to 120 days) indefinite quantity professional services. Specifically, AID uses the time and materials payment method in its indefinite quantity contracts because it has found that fixed-price payment provisions are not suitable for the professional services being provided.

(1) Under this indefinite quantity arrangement, AID acquires services under delivery orders on the basis of(i) Direct labor days at specified fixed daily rates that include wages, overhead, general and administrative expenses, fringe benefits, and profit; and

(ii) Other direct costs at cost, such as travel and transportation.

Rather than using the fixed-price payment clauses for indefinite quantity contracts, these contracts will use the payment clause specified in AIDAR 752.232-7.

(2) Appropriate Government surveillance of contractor performance is required to give reasonable assurance that efficient methods and effective cost controls are being used.

(3) This combination contract may be used

(i) Only after the contracting officer executes a determination and finding that no other type of contract is suitable; and

(ii) Only if the delivery order includes a ceiling price that the contractor exceeds at its own risk.

The contracting officer shall document the delivery order file to justify the reasons for the amount of any subsequent change in the ceiling price.

[51 FR 11450, Apr. 3, 1986]

PART 717-SPECIAL CONTRACTING

METHODS

AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR 1979 Comp., p. 435.

Subpart 717.70-Pharmaceutical Products

717.700 General.

Section 606(c) of the Foreign Assistance Act bars procurement by the Government of drug and pharmaceutical products manufactured outside the United States if their manufacture involves the use of or is covered by an unexpired U.S. patent which has not been held invalid by an unappealed or unappealable court decision unless the manufacture is expressly authorized by the patent owner. Applicable policies and procedures are set forth in AID Handbook 15, AID-Financed Commodities, and in AID Handbook 1, Supplement B, Procurement Policies, Chapter 4C3.

[49 FR 13243, Apr. 3, 1984]