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SOURCE 49 FR 13240. Apr. 3, 1984, unless 715.502 Policy. otherwise noted.

Subpart 714.4-Opening of Bids and

Award of Contract

(a) AID encourages the submission of unsolicited proposals which contribute new ideas consistent with and contributing to the accomplishment of the Agency's objectives. However, the

714.406-3 Other mistakes disclosed before requirements for contractor resources award.

The Head of the Agency is the desig. nated central authority to make the determinations described in FAR 14.406-3.

714.406-4 Disclosure of mistakes after award.

The Procurement Executive is the designated central authority to make the determinations described in FAR 14.406-4.

are normally quite program specific, and thus widely varied, and must be responsive to host country needs. Futher, AID's projects are usually designed in collaboration with the cooperating country. These factors can limit both the need for, and AID's ability to use unsolicited proposals. Therefore, prospective offerors are encouraged to contact AID) to determine the Agency's technical and geographical requirements as related to the offeror's interests before preparing and submitting a formal unsolicited proposal.

(b) AID's basic policies and procedures regarding unsolicited proposals 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 and procedures for unsolicited proposals is available from the Department of State, Agency for International Development, Washington, DC 20523, to the attention of either OSDBU/MRC, 1400A, SA-14, or, for research, S&T/RUR, Room 309, SA18.

(b) The information available concerns:

(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)

Subpart 715.6-Source Selection

715.605 Evaluation factors.

715.605-70 Adaptability to overseas conditions.

In addition to the factors set forth in FAR 15.605, AID will consider the adaptability of the prospective contractor and its employees to employment and residence in the overseas location or locations where work is to be performed.

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

715.506 Agency procedures and point of the results of the evaluation.

contact.

Initial inquiries and subsequent formal unsolicited proposals (other than research) should be submitted to the Department of State, AID, Washington, DC 20523, Attention: OSDBU/ MRC, 1400A, SA-14. Formal unsolicited proposals for research should be submitted to the Department of State, AID, Washington, DC 20523, Attention: S&T/RUR, Room 309, SA-18.

[49 FR 13240, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10. 1985; 52 FR 21058, June 4. 1987]

715.506-1 Receipt, and initial review.

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

(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 factors set forth in the solicitation document.

(iii) No member of the AID evaluation committee shall hold discussions with any offeror before or during the AID evaluation committee's proceedings.

715.613

[49 FR 13240. Apr. 3, 1984. Redesignated and amended at 50 FR 16087, Apr. 24, 1985]

715.613 Alternative source selection procedures.

[52 FR 6158, Mar. 2, 1987)

(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 de

715.613-70 Title XII selection procedure- finitive statement of work, an estimate

general.

(a) 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.

(b) 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. (c) 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

(1) 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;

(ii) Provide a statement describing qualifications and areas of expertise considered essential, a statement of work, estimate of personnel require ments, 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 (b) of this section, together with the information required by paragraphs (ex2) (1) through (ii) of this section, with the "Action" copy of the PIO T to the contracting officer, requesting him' her to prepare and distribute the RFTP.

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 nor mally 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 715.608-70(a) 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;

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

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

(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 reasons.

(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]

715.613-71 Title XII selection procedurecollaborative assistance.

(a) 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, where AID has determined that use of the collaborative assistance contracting system is appropriate.

(b) Definition. (1) A collaborative assistance project is any project for which it has been determined under paragraph (d) 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.

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

(d) Determination. In order to prepare a contract under the collaborative assistance method, the determinations in paragraph (b)(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 (b)(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 repre

sentatives 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 (b)(1) of this section.

(e) 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 determination of the sources considered most capable of performing the project.

(3) The chairman of the evaluation panel will prepare a memorandum requesting the contracting officer to prepare a request for expressions of interest from qualified sources and setting forth:

(i) The formal determinations required by paragraph (b)(1) of this section;

(ii) The evaluation criteria which have been determined; and

(iii) The recommended source list and the rationale therefor.

(4) The contracting officer will prepare a request for an expression of interest (REI), containing sufficient information to permit an offeror to determine its interest in the project, and to discuss the project with AID representatives, if appropriate. The request for expression of interest should include a concise statement of the purpose of the project, any special conditions or qualifications considered important, a brief description of the selection procedure and evaluation criteria which will be used, the proposed contract format, and any other information considered appropriate. The REI will be issued to the sources recommended by the panel, and to

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