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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 (b) Each request for proposals wherever practicable.
(RFP) for alternative systems designs
shall contain a provision indicting the Subpart 13-4.50—Procurement Sup- possibility of future contingent proport for Major Systems Acquisitions curements and requiring the offeror's
participation in the competitive dem8 13-4.5001 General.
onstration procurement phase, if the Basic management and program
offeror's proposal is determined to be policies and procedures for acquisition acceptable to the major system acquiof major systems are contained in sition effort. Following is a sample OBM Circular A-109 and DAO 208-3. clause which will accommodate these In addition, the Office of Federal Pro requirements: curement Policy (OFPP) Pamphlet No. 1 contains further guidance for ap
NOTICE OF REQUIREMENT TO PARTICIPATE IN
LATER PROCUREMENT plication of OMB Circular A-109 and DOCPR $ 13-1.450-4 provides for re This solicitation and resulting contracts porting major systems procurement represent the first procurement phase in an plans by program managers. General overall Major System Acquisition plan ly, the procurement guidelines con
which may require future related procuretained in OFPP Pamphlet No. 1 dated
ments. Awards will be made to as many of
ferors, whose proposals are determined to August 1976, should be followed wher
be acceptable, as funding restraints and ever practicable in the procurement
other program limitations or considerations phases of major systems acquisitions.
may permit. Only those offerors who are This DOCPR Subpart shall serve to
awarded contracts pursuant to this solicitaimplement and supplement the above tion will be eligible for later related procuredescribed document.
ments. Accordingly, the offeror, by accept
ing award under this solicitation, agrees to 8 13-4.5002 Major systems acquisition pro participate in a possible subsequent procurecurement phases.
ment for competitive, prototype or model There are four interdependent pro
system demonstrations. curement phases to be performed in succession for acquisition of major sys
8 13-4.5002-2 Procurement of competitive tems. They are: (a) Alternative sys
systems demonstrations. tems design procurement, (b) Procure (a) Systems demonstration contracts ment of competitive systems demon shall be negotiated with as many alterstrations, (c) Contracting for full scale native system design phase contracdevelopment of the major system, and tors, whose systems designs have been (d) Contracting for production of iden selected for demonstration, as availtical additional systems. Generally, able funding will permit. traditional negotiated procurement
(b) Each contract for competitive practices and methods should be used
demonstration shall contain a proviin accomplishing each of the above
sion requiring the contractor to: procurement phases. However, the following subsections provide additional
(1) Submit a plan for the necessary guidelines and procedures which shall
plant and equipment to accomplish be followed to enhance effective acqui
full-scale development and limited sitions of major systems.
production of the demonstrated
system. This plan may involve pur& 13-4.5002-1 Procurement of alternative chase or lease arrangements, teaming systems designs.
or subcontracting arrangements with (a) The initial procurement effort
companies which have the necessary for acquisition of a major system is to
plant facilities and equipment to desolicit competitive proposals for devel
velop and produce the system. oping alternative systems designs. Par (2) Participate in the full-scale develallel short term contracts for develop opment procurement phase if the conment of systems designs shall be nego
tractor's proposed system is selected tiated with and awarded to as many
for limited production development. qualified offerors as funding restraints (3) Submit a proposal for full-scale and other considerations permit.
development and initial production
development and initial production of the demonstrated system.
before the conclusion of the demonstration.
(c) Following is a sample clause which will accommodate the above requirements:
NOTICE OF REQUIREMENTS TO PROVIDE FULL
SCALE DEVELOPMENT CAPABILITIES AND TO PARTICIPATE IN LATER PROCUREMENT
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
§ 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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