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(g) Proposals may be withdrawn by written notice or telegram

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(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Proposals may be withdrawn in person by an offeror or an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
made known and the representative signs a receipt for the

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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

their offers.

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

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(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

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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

withheld.

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

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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

PON:

(1) After projects are selected, a comprehensive report on the

proposals received, and

(2)

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.

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