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(g) Proposals may be withdrawn by written notice or telegram
(including mailgram) received at any time before award.
Proposals may be withdrawn in person by an offeror or an
authorized representative, if the representative's identity is
A prospective offeror who would like an explanation or interpretation of this PON must submit a written request for such explanation or
interpretation to the Procurement Board Member in time to allow the
reply to reach all prospective offerors before the submission of
In order to ensure that requests for explanation or
interpretation will be considered, the requests actually must be
received by the Procurement Board Member by 3:30 p.m., Washington,
D.C., time, on April 4, 1986.
Oral explanations or instructions
provided before the award of the cooperative agreement are not
binding. Any information given to a prospective offeror concerning
this PON will be furnished promptly to all other prospective offerors
as an amendment of the PON, if that information is necessary in
submitting offers or if the lack of it would be prejudicial to any
other prospective offerors.
36. FAILURE TO SUBMIT PROPOSAL
Recipients of this PON who choose not to submit a proposal should not
return this PON. However, they should indicate by letter or postcard to the Procurement Board Member whether they want to receive future
solicitations for similar requirements.
If a recipient does not
submit an offer and does not so notify that future solicitations are
desired, the recipient's name may be removed from the applicable
mailing list. Accordingly, it is essential that recipients complete
and return the "Intention to Propose" form provided as Appendix M
(a) The Government intends to provide financial assistance through
cost-shared cooperative agreements resulting from this PON to
those responsible offerors who submit proposals which conform
to this PON and are determined to be most advantageous to the Government following consideration of the evaluation criteria
and program policy factors as specified in this PON.
(b) The Government may (1) reject any or all offers, (2) accept for
support any proposal, in whole or in part, and (3) waive in
formalities and minor irregularities in offers received.
(c) The Government may award financial assistance on the basis of
initial offers received, without discussions. Therefore, each
initial offer should contain the offeror's best possible terms
from technical, cost, and business and management standpoints.
(d) A written award or acceptance of offer mailed or otherwise
furnished to the successful offeror within the time for
acceptance specified in the offer shall result in a binding
agreement without further action by either party. Before the
offeror's specified expiration time (see SECTION III.7, "Offer
Acceptance Period"), the Government may accept an offer whether
or not there are discussions after its receipt, unless a written
notice of withdrawal is received before award.
(e) If the resulting agreement contains a clause providing for
price reduction for defective cost or pricing data, the nego
tiated cost (including the Government's cost-share) will be
subject to reduction if cost or pricing data furnished are
The section of this PON that describes the work to be performed
also sets forth DOE's known requirements for technical data.
The Additional Technical Data Requirements clause (see Appendix
B, "Model Cooperative Agreement") provides the Government
with the option to order additional technical data, the requirements
for which are not known at the time of agreement.
There is, however,
a built-in limitation on the kind of technical data that may be
required. This limitation clause provides that the offeror may
withhold delivery of proprietary data. This withholding of proprietary
data is the primary means by which the offeror may protect his
proprietary position. There are, however, two situations where the
Government may need to have limited access to a participant's proprietary
data. First, paragraph (f) of the Rights in Technical Data (long form) clause (see Appendix B, "Model Cooperative Agreement") gives the Contracting Officer's representatives the limited right to
inspect, at the participant's facility, the participant's proprietary data which were withheld from delivery, for the purpose of verifying
that such data were properly withheld or to evaluate work performance.
The second situation is provided in optional paragraph (g) of the
Rights in Technical Data (long form) clause. When used, optional
paragraph (g) provides the Government the right to require the
participant to furnish with limited rights proprietary data previously
In this situation, the limited rights in proprietary data
and the Government's obligation for limited use and disclosure of
such data provide the means by which the participant protects his
proprietary position. Paragraph (g) will be used where it is determined
that for programmatic reasons there is a need for the delivery of
proprietary data to the Government.
To assist in making this
programmatic determination, it is necessary that your proposal state
that the work to be performed and the known requirements for technical
data as set forth in this PON have been reviewed, and, as discussed in
SECTION IV.2.2(d), either state that, to the best of your knowledge,
no data will be withheld, or submit a list identifying the proprietary
data that, to the best of your knowledge, will likely be used,
acquired, or otherwise obtained in the course of project performance
Pub. L. No. 99-190 and its legislative history provide that DOE
prepare and submit to Congress the following two reports associated
with the proposals received and selections made as a result of this
(1) After projects are selected, a comprehensive report on the
proposals received, and
A full and comprehensive report on each project selected,
including the facts and circumstances relied upon in support of
the proposed project, which must be submitted to Congress at
least 30 calendar days prior to the execution of any cooperative
agreement to be entered into as a result of this PON.