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Government shall have the right to dupli or program office for evaluation. If cate, use, or disclose the data to the extent more than one Department activity provided in the contract. This restriction

may have interest in a particular prodoes not limit the Government's right to

posal, copies of the proposal shall be use information contained in the data if it is obtainable from another source without re

circulated to each interested office. striction. The data subject to this restriction (3) Program or technical offices reis contained in sheets

- (Use or ceiving unsolicited proposals for evaldisclosure of proposal data is subject to the uation shall conduct their evaluations restriction on the title page of this Propos in accordance with this DOCPR Subal.)

part. 41 CFR Subpart 1-4.9, DepartProposals or parts thereof submitted with

ment Form CD-331 (see paragraph out the appropriate restrictive legends prescribed above may be handled as if free of

(b)(2) of this section) and with any adall restrictions. If your proposal contains a ditional policies provided by the cognirestrictive endorsement or notice other than zant operating unit or Departmental the ones prescribed above, you must either office. correct such notice or remove the restricted

(4) Evaluations shall be completed material prior to any evaluations by the De

and recommendations submitted to partment. You are requested to acknowledge this

the Control Point Official within sixty letter and to indicate whether or not you (60) working days after receipt of a wish your proposal to be evaluated. Pending proposal for evaluation. All copies of a reply from you, your proposal will not be the unsolicited proposal shall be reaccepted for evaluation, but will be held in

turned to the Control Point Official safekeeping.

with the completed evaluation recomSincerely,

mendations. (b) Upon receipt of a response to the (5) Unsolicited proposals and any letter prescribed in paragraph (a) material contained therein shall not above, requesting evaluation, Control be duplicated nor circulated outside of Point Officials shall review the pro the evaluating office and shall be posal in accordance with 41 CFR 1

closely safeguarded to prevent disclo4.909(b) (1) and (2) and 1-4.913(b) and sure of any restrictive data. Only Conshall coordinate processing and eval

trol Point Officials or their designees uation of the proposal in accordance

are permitted to duplicate unsolicited with 41 CFR 1-4.909 (c), (d) and (e)

proposals and then only to facilitate and the following:

evaluation by more than one technical (1) The original and each copy of

entity or multiple evaluations within the unsolicited proposal shall be cov

one technical entity. ered by a sheet of paper marked with the notice contained in 41 CFR 1-4.913 $ 13-4.910 Method of procurement. (c) (or as such notice is modified pursuant to circumstances described

(a) Control Point Officials shall under 41 CFR 1-4.913

return all copies of unsolicited propos

(d) or (e)), unless the offeror gives a clear written

als not recommended for noncompetiindication that no restrictions on the

tive procurement action to the submitdisclosure or use of the data contained

ters along with reasons for the return in the proposal are desired.

in accordance with 41 CFR 1-4.910. (2) Within ten (10) working days

(b) Unsolicited proposals which are after receipt of an unsolicited proposal acceptable and recommended for nonwhich conforms to the requirements

competitive procurement together of this DOCPR Subpart, Control

with appropriate requisition docuPoint Officials shall forward a copy of ments shall be forwarded by Control the proposal along with a Department

Point Officials to an appropriate conForm CD-331 (Instructions for Tech

tracting office for procurement action. nical Evaluation of Unsolicited Pro. If multiple requests for procurement posals)? to the appropriate technical are received pursuant to evaluations of

are received pursy

the same unsolicited proposal, proThe Department Form CD-331 will not be published as a part of these regulations. the original of this document in the Office However, the original form is on file with of the Federal Register.

curement actions shall be combined wherever practicable.

Subpart 13-4.50—Procurement Sup

port for Maior Systems Acquisitions

§ 13-4.5001 General.

Basic management and program policies and procedures for acquisition of major systems are contained in OBM Circular A-109 and DAO 208-3. In addition, the Office of Federal Procurement Policy (OFPP) Pamphlet No. 1 contains further guidance for application of OMB Circular A-109 and DOCPR & 13-1.450-4 provides for reporting major systems procurement plans by program managers. Generally, the procurement guidelines contained in OFPP Pamphlet No. 1 dated August 1976, should be followed wherever practicable in the procurement phases of major systems acquisitions. This DOCPR Subpart shall serve to implement and supplement the above described document.

(b) Each request for proposals (RFP) for alternative systems designs shall contain a provision indicting the possibility of future contingent procurements and requiring the offeror's participation in the competitive demonstration procurement phase, if the offeror's proposal is determined to be acceptable to the major system acquisition effort. Following is a sample clause which will accommodate these requirements: NOTICE OF REQUIREMENT TO PARTICIPATE IN

LATER PROCUREMENT This solicitation and resulting contracts represent the first procurement phase in an overall Major System Acquisition plan which may require future related procurements. Awards will be made to as many offerors, whose proposals are determined to be acceptable, as funding restraints and other program limitations or considerations may permit. Only those offerors who are awarded contracts pursuant to this solicitation will be eligible for later related procurements. Accordingly, the offeror, by accepting award under this solicitation, agrees to participate in a possible subsequent procurement for competitive, prototype or model system demonstrations.

8 13-4.5002 Major systems acquisition pro

curement phases. There are four interdependent procurement phases to be performed in succession for acquisition of major systems. They are: (a) Alternative systems design procurement, (b) Procurement of competitive systems demon strations, (c) Contracting for full scale development of the major system, and (d) Contracting for production of identical additional systems. Generally, traditional negotiated procurement practices and methods should be used in accomplishing each of the above procurement phases. However, the following subsections provide additional guidelines and procedures which shall be followed to enhance effective acquisitions of major systems. 8 13-4.5002-1 Procurement of alternative

systems designs. (a) The initial procurement effort for acquisition of a major system is to solicit competitive proposals for developing alternative systems designs. Parallel short term contracts for develop ment of systems designs shall be negotiated with and awarded to as many qualified offerors as funding restraints and other considerations permit.

813-4.5002–2 Procurement of competitive

systems demonstrations. (a) Systems demonstration contracts shall be negotiated with as many alternative system design phase contractors, whose systems designs have been selected for demonstration, as available funding will permit.

(b) Each contract for competitive demonstration shall contain a provi. sion requiring the contractor to:

(1) Submit a plan for the necessary plant and equipment to accomplish full-scale development and limited production of the demonstrated system. This plan may involve purchase or lease arrangements, teaming or subcontracting arrangements with companies which have the necessary plant facilities and equipment to develop and produce the system.

(2) Participate in the full-scale development procurement phase if the contractor's proposed system tractor's proposed. sysų

is selected for limited production development.

(3) Submit a proposal for full-scale development and initial production development and initial production of the demonstrated system.

before the conclusion of the demonstration.


This system design demonstration contract represents the second procurement phase in an overall Major System Acquisition plan which may require future related procurements. Accordingly, the contractor by accepting this contract agrees to participate in a possible later procurement of fullscale development and limited production of the contractor's demonstrated system. Further, the contractor agrees to submit upon beginning the demonstration under this contract, a plan for the necessary plant and equipment to accomplish full-scale development and limited production of the demonstrated system. The contractor also agrees to submit, before conclusion of the demonstration, a final proposal including estimated cost data and delivery times for full-scale

8 13-4.5002-3 Contracting for full-scale

development of a major system. If the Secretary selects a system for full-scale development from among those demonstrated in the competitive demonstrations procurement phase, a contract shall be negotiated with the submitter of the selected demonstrated system for development and production of one system for test, evaluation and implementation. 8 13-4.5002–4 Contracting for production

of additional identical systems. Following satisfactory test and evaluation results and reconfirmation of additional mission need and program objectives, the Secretary may authorize additional contracts for production of systems identical to the system procured in the full-scale development phase.



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Procurement by formal advertising ............
Procurement by negotiation.
Special types and methods of procurement
Contract clauses..............
Patents, data, and copyrights...........
Bonds and insurance.....
Federal, State, and local taxes .............
Procurement forms ..........
Extraordinary contractual actions to facilitate the

national defense .....
Procurement of construction
Contract modifications...
Contract financing .............
Audit ......

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14-18 14-19 14-26 14-30 14-63

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