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award. 714.406-4 Disclosure of mistakes after

award. AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163,

715.602 Policy.
715.604 Agency points of contact.

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.

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

Subpart 715.3—Source Selection (b) A justification is to be written by

the Contracting Officer and placed in 715.303 Responsibilities.

the official file to support the decision

to reject all proposals and to cancel the 715.303–70 Responsibilities of USAID

procurement. evaluation committees.

(c) The Contracting Officer may au(a) Establishment and composition of thorize release of proposals outside the USAID evaluation committees. A tech Government for evaluationnical evaluation committee shall be es (1) When an Evaluation Assistance tablished for each proposed procure- Contract (EAC) is required to provide ment. In each case, the committee technical advisory or other services reshall be composed of a chair rep- lating to the evaluation of proposals; resenting the cognizant technical of

or fice, a representative of the con (2) When an individual other than a tracting office (who shall be a non-vot

government employee, known as a ing member of the committee), and

Non-Government Evaluator (NGE), is representatives from other concerned

selected to serve as a member of a offices as appropriate.

USAID technical evaluation com(b) Technical evaluation procedures. (1)

mittee, the Contracting Officer shall The contracting officer will receive all

obtain a signed and dated certification proposals and provide to the chair a

and agreement from each NGE and listing and copies of the technical pro

EAC that they will safeguard the proposals and instructions for conducting

posals and information therein and the evaluation.

that they perceive no actual or poten(2) The chair will promptly call a

tial conflict of interests. (An acceptmeeting of the committee to evaluate

able certification appears under ADS the proposals received. The evaluation

Chapter 302). shall be based on the evaluation factors set forth in the solicitation document. (64 FR 16648, Apr. 6, 1999; 64 FR 25405, May 11, (3) The chair shall prepare and pro

1999) vide to the Contracting Officer written

715.370 Alternative source selection documentation summarizing the re

procedures. sults of the evaluation of each proposal, including an assessment of past

The following selection procedures performance information in accordance may be used, when appropriate, for acwith FAR 15.305(a)(2). The documenta tivities covered under Title XII of the tion shall include narrative justifica Foreign Assistance Act of 1961, as tion of the evaluation results.

amended. (4) The contracting officer is respon

[64 FR 16649, Apr. 6, 1999) sible for reviewing the documentation justifying the evaluation results to de 715.370–1 Title XII selection procetermine that it is adequate and com

dure general. plete. The contracting officer shall re

(a) General. The Deputy Administurn a justification determined to be

trator has determined, as provided in inadequate to the chair for revision.

AIDAR 706.302–70(b)(3)(ii) that use of (5) No member of the USAID evalua

this Title XII source selection procetion committee shall hold discussions

dure is necessary so as not to impair or with any offeror before or during the

affect USAID's ability to administer USAID evaluation committee's pro

Title XII of the Foreign Assistance ceedings, nor shall any information

Act. This determination is reflected in about the proposals be provided to any

AIDAR 706.302–70(b)(4). This constitutes one not on the committee without first

authority for other than full and open obtaining the contracting officer's con

competition when selecting Title XII sent.

institutions to perform Title XII [61 FR 39091, July 26, 1996. Redesignated and projects. amended at 64 FR 16648, Apr. 6, 1999)

(b) Scope of subsection. This sub

section prescribes policies and proce715.305 Proposal evaluation.

dures for the selection of institutions (a) [Reserved]

eligible under Title XII of the Foreign

Assistance Act of 1961, as amended, to distributed to the eligible institutions perform activities authorized under recommended by the project office. The Title XII.

RFTP will be synopsized, as required (c) Applicability. The provisions of by FAR 5.201, and will normally allow a this subsection are applicable when the minimum of 60 days for preparation project office certifies that the activity and submission of a proposal. is authorized under Title XII, and de (4) Upon receipt of responses to the termines that use of the Title XII se- RFTP by the contracting officer, an lection procedure is appropriate.

evaluation committee will be estab(d) Solicitation, evaluation, and selec- lished as provided for in 715.608 of this tion procedures. (1) Competition shall be subpart. sought among eligible Title XII insti- (5) The evaluation committee will tutions to the maximum practicable evaluate all proposals in accordance extent; this requirement shall be with the criteria set forth in the deemed satisfied when a contractor is RFTP, and will prepare a selection selected under the procedures of this memorandum which shall: subsection.

(i) State the evaluation criteria; (2) The project office shall

(ii) List all of the eligible institu(i) Prepare selection criteria for eval tions whose proposals were reviewed; uation of eligible institutions for use in (iii) Report on the ranking and rapreparing the source list, determining tionale therefor for all proposals; predominantly qualified sources, and (iv) Indicate the eligible institution selecting the contractor;

or institutions considered best quali(ii) Prepare an initial list of eligible fied. institutions considered qualified to (6) The evaluation committee will perform the proposed activity;

submit the selection memorandum to (iii) Provide a statement describing the contracting officer for review and qualifications and areas of expertise approval. considered essential, a statement of (7) The contracting officer will either work, estimate of personnel require

approve the selection memorandum, or ments, special requirements (logistic return it to the evaluation committee support, government furnished prop for reconsideration for specified reaerty, and so forth) for the contracting sons. officer's use in preparing the request

(8) If the selection memorandum is for technical proposal (RFTP).

approved, the contracting officer shall (iv) Send a memorandum incor obtain cost, pricing, and other necporating the certification and deter essary data from the recommended inmination required by paragraph (c) of stitution or institutions and shall conthis section, together with the infor

duct negotiations. If a satisfactory mation required by paragraphs (d)(2) (i) contract cannot be obtained, the conthrough (iii) of this section, with the tracting officer will so advise the eval“Action" copy of the PIO/T to the con uation committee. The evaluation tracting officer, requesting him/her to

committee may then recommend an alprepare and distribute the RFTP.

ternate institution or institutions. (3) Upon receipt and acceptance of

(52 FR 6158, Mar. 2, 1987, as amended at 54 FR the project officer's request, the con 28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990. tracting officer shall prepare the Redesignated at 64 FR 16648, Apr. 6, 1999) RFTP. The RFTP shall contain sufficient information to enable an offeror

715.370-2
716.370-2

Title XII selection proce. to submit a responsive and complete

dure collaborative assistance. technical proposal. This includes a de (a) General. (48 CFR) AIDAR 706.302 finitive statement of work, an estimate 70(b)(4) provides authority for other of the personnel required, and special than full and open competition when provisions (such as logistic support. selecting Title XII institutions to pergovernment furnished equipment, and form Title XII activities. so forth), a proposed contract format. (b) Scope of subsection. This suband evaluation criteria. No cost or section prescribes policies and procepricing data will be requested or re- dures for the selection of institutions quired by the RFTP. The RFTP will be eligible under Title Xll of the Foreign

Assistance Act of 1961, as amended, to perform activities authorized under Title XII, where USAID has determined, in accordance with paragraph (c) of this subsection, that use of the collaborative assistance contracting system is appropriate. See AIDR Appendix F (of this chapter)Use of Collaborative Assistance Method for Title XII Activities for a more complete definition and discussion of the collaborative assistance method.

(c) Determinations. The following findings and determinations must be made prior to initiating any contract actions under the collaborative assistance method:

(1) The cognizant technical office makes a preliminary finding that an activity:

(i) Is authorized by Title XII; and

(ii) Should be classed as collaborative assistance because a continuing collaborative relationship between USAID, the host country, and the contractor is required from design through completion of the activity, and USAID, host country, and contractor participation in a continuing review and evaluation of the activity is essential for its proper execution.

(2) Based upon this preliminary finding, the cognizant technical office shall establish an evaluation panel consisting of a representative of the cognizant technical office as chairman, a representative of the contracting officer, and any other representatives considered appropriate by the chairman to review the proposed activity for its appropriateness under the collaborative assistance method.

(3) If supported by the panel's findings, the chairman will make a formal written determination that the collaborative assistance method is the appropriate contracting method for the Title XII activity in question.

(d) 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 (c) 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 USAID representatives, if appropriate. The REI should include a concise statement of the purpose of the activity, 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 others, as appropriate; it will be synopsized, as required by FAR 5.201, and it will normally allow a minimum of 60 days for preparation of an expression of interest. Guidelines for preparation of expressions of interest are contained in attachment 1 to AIDAR appendix F.

(5) The contracting officer will transmit all expressions of interest to the evaluation panel for evaluation and selection recommendation. The panel may conduct on site evaluations at its discretion, as part of the evaluation process.

(6) The chairman of the evaluation panel will prepare a written selection

recommendation with supporting justification, recommending that negotiations be conducted with the prospective contractor(s) selected by the evaluation panel. The selection recommendation shall be transmitted to the contracting officer together with the complete official file on the project which was being maintained by the evaluation panel.

(7) The contracting officer will review the selection recommendation, obtain necessary cost and other data, and proceed to negotiate with the recommended sources. (52 FR 6159, Mar. 2, 1987, as amended at 54 FR 28069, July 5, 1989; 55 FR 6802, Feb. 27, 1990; 62 FR 40467, July 29, 1997; 62 FR 45334, Aug. 27, 1997; 62 FR 47532, Sept. 9, 1997. Redesignated at 64 FR 16648, Apr. 6, 1999)

715.604 Agency points of contact.

(a) Information concerning USAID's policies for unsolicited proposals is available from the U.S. Agency for International Development, Evaluation Division, Room 7.08-005, 1300 Pennsylvania Avenue, NW., Washington, DC 20523–7803.

(b) The information available concerns:

(1) Contact points within USAID;
(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.

(c) Initial inquiries and subsequent unsolicited proposals should be submitted to the address specified in paragraph (a) of this section. (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; 59 FR 33446, June 29, 1994. Redesignated and amended at 64 FR 16648, 16649, Apr. 6, 1999)

Subpart 715.

6 Unsolicited Proposals

PART 716_TYPES OF CONTRACTS

Subpart 716.3—Cost Reimbursement

Contracts

Sec. 716.303 Cost-sharing contracts. 716.306 (Reserved) 709.406 Contract clauses.

715.602 Policy.

(a) USAID encourages the submission of unsolicited proposals which contribute new ideas consistent with and contributing to the accomplishment of the Agency's objectives. However, the requirements for contractor resources are normally quite program specific, and thus widely varied, and must be responsive to host country needs. Futher, USAID's projects are usually designed in collaboration with the cooperating country. These factors can limit both the need for, and USAID's ability to use unsolicited proposals. Therefore, prospective offerors are encouraged to contact USAID 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) USAID's basic policies and procedures regarding unsolicited proposals are those established in FAR subpart 15.6 and this subpart.

(c) For detailed information on unsolicited proposals, see 715.604; for initial contact point within USAID, see 715.604(c). [49 FR 13240, Apr. 3. 1984. Redesignated and amended at 64 FR 16648, 16649, Apr. 6, 1999; 64 FR 25405, May 11, 1999]

Subpart 716.5 (Reserved]

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 716.3—Cost Reimbursement Contracts

716.303 Cost-sharing contracts.

(a)(b) (Reserved]

(c) Limitations. In addition to the limitations specified in FAR 16.301-3, prior approval of the MOP Director (see 701.601(a)(1)) is required in order to use

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