48 CFR Part 1315 — Contracting by Negotiation

PART 1315—CONTRACTING BY NEGOTIATION Authority: 41 U.S.C. 414; 48 CFR 1.301-1.304. Source: 75 FR 10570, Mar. 8, 2010, unless otherwise noted. Subpart 1315.2—Solicitation and Receipt of Proposals and Information 1315.204 Contract format. The designee authorized to grant exemptions from the uniform contract format is set forth in CAM 1301.70. 1315.204-570 Part IV representations and instructions. (a) Section L, Instructions, conditions, and notices to offerors or respondents. Proposal Preparation, (2) Insert a provision similar to 1352.215-71, Instructions for Oral Presentations, (3) The contracting officer shall insert the provision 1352.215-72, Inquiries, (b) Section M, Evaluation factors for award. Evaluation Quantities-Indefinite Quantity Contract, (2) The contracting officer shall insert the provision similar to 1352.215-74, Best Value Evaluation, Best Value Evaluation, Evaluation Criteria, (3) The contracting officer shall insert a provision in all solicitations similar to 1352.215-75, Evaluation Criteria, (4) The contracting officer shall insert provision 1352.215-76, Cost or Pricing Data, 1315.209 Solicitation provisions and contract clauses. The designee authorized to waive the examination of records by the Comptroller General is set forth in CAM 1301.70. Subpart 1315.3—Source Selection 1315.303 Responsibilities. The contracting officer is designated as the source selection authority for competitive negotiated acquisitions of less than $10,000,000. The source selection authority for large dollar competitive negotiated acquisitions of $10,000,000 or more is the head of the operating unit. The head of the operating unit may re-delegate the authority to a Department manager who is at an organizational level above the contracting officer and who has sufficient rank and professional experience to effectively carry out the functions of a source selection authority. 1315.305 Proposal evaluation. At the discretion of the contracting officer, cost information may be provided to members of the technical evaluation team. Subpart 1315.4—Contract Pricing 1315.407 Special cost or pricing areas. 1315.407-4 Should-cost review. The should-cost review report shall include all elements listed in FAR 15.407-4(a)(1) and be provided to the contracting officer for use in negotiations. Subpart 1315.6—Unsolicited Proposals 1315.602 Policy. In accord with FAR 16.602, the DOC encourages the submission of new and innovative ideas which support the DOC mission. 1315.603 General. DOC will accept for review and consideration unsolicited proposals from any entity. DOC will not pay any costs associated with the preparation of unsolicited proposals. Proposals which do not meet the definition and applicable content and marking requirements of FAR 15.6 will not be considered under any circumstances and will be returned to the submitter. Unsolicited proposals may not be submitted electronically. 1315.604 Agency points of contact. (a) Unsolicited proposals are to be submitted to the appropriate DOC contracting office. Any person or entity considering the submission of an unsolicited proposal should first determine, based on the subject matter of the proposal, to which DOC operating unit the proposal applies. Proposers should contact the applicable operating unit contracting office to determine procedures for submission and to whom to send the proposal. (b) Program offices must immediately transmit any unsolicited proposals sent to them to their contracting office. If there is a question concerning which operating unit should evaluate an unsolicited proposal, the contracting office shall identify the proper office, in coordination with the Office of Acquisition Management, if necessary, and transmit the proposal to the applicable contracting office. 1315.606 Agency procedures. (a) The operating unit contracting office is designated as the point of contact for receipt of unsolicited proposals. Persons within DOC ( e.g. (b) Within ten working days after receipt by the contracting office of an unsolicited proposal, the contracting office shall review the proposal and determine whether the proposal meets the content and marking requirements of FAR 15.6. If the proposal does not meet these requirements, it shall be returned to the submitter, giving the reasons for noncompliance. 1315.606-2 Evaluation. (a) If the contracting officer determines, upon initial review, that the unsolicited proposal meets all criteria in FAR 15.606-1, the contracting officer will acknowledge receipt of the proposal, coordinate evaluation with the program office, and provide to the submitter an estimated date that evaluation of the proposal is expected to be completed. The contracting officer shall transmit the proposal to the program office for evaluation, marking it in accord with FAR 15.609(d). If the estimated date for completion of the evaluation cannot be met, the submitter should be informed in a timely manner and provided with a revised evaluation completion date. (b) The evaluating office shall not reproduce or disseminate the proposal to other offices without the consent of the contracting officer. If the evaluating office requires additional information from the proposer, the evaluator shall request the information through the contracting officer, who will contact the proposer. The evaluator shall not communicate directly with the proposer. (c) Evaluators shall notify the contracting officer of their recommendations when the evaluation is complete. Following evaluation, the contracting officer shall proceed in accord with FAR 15.607.

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• 48 CFR Part 1515 — Contracting by Negotiation#511358
• 48 CFR Part 215 — Contracting by Negotiation#510925
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• 48 CFR Part 231 — Contract Cost Principles and Procedures#510939
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