48 CFR Part 3415 — Contracting by Negotiation

PART 3415—CONTRACTING BY NEGOTIATION Authority: 5 U.S.C. 301 and 20 U.S.C. 1018a. Source: 88 FR 60542, Sept. 1, 2023, unless otherwise noted. Subpart 3415.2—Solicitation and Receipt of Proposals and Information 3415.209 Solicitation provisions and contract clauses. (a) The Freedom of Information Act (FOIA), 5 U.S.C. 552, may require ED to release data contained in an offeror's proposal even if the offeror has identified the data as restricted in accordance with the provision in FAR 52.215-1(e). The solicitation provision in 3452.215-70 (Release of restricted data) informs offerors that ED is required to consider release of restricted data under FOIA and Executive Order 12600. (b) The contracting officer must insert the provision in 3452.215-70, in all solicitations that include a reference to FAR 52.215-1 (Instructions to Offerors—Competitive Acquisitions). Subpart 3415.3—Source Selection 3415.302 Source selection objective. 3415.302-70 Two-phase source selection. (a) Use. (b) Phase one Publicizing. (2) Information submitted by offerors. (3) Selection for participating in second phase. (c) Phase two. (2) Only sources selected in the first phase will be eligible to participate in the second phase. Subpart 3415.6—Unsolicited Proposals 3415.605 Content of unsolicited proposals. (d) Each unsolicited proposal must contain the following certification: UNSOLICITED PROPOSAL CERTIFICATION BY OFFEROR This is to certify, to the best of my knowledge and belief, that— a. This proposal has not been prepared under Federal government supervision; b. The methods and approaches stated in the proposal were developed by this offeror; c. Any contact with employees of the Department of Education has been within the limits of appropriate advance guidance set forth in FAR 15.604; and d. No prior commitments were received from Departmental employees regarding acceptance of this proposal. Date: Organization: Name: Title: (This certification must be signed by a responsible person authorized to enter into contracts on behalf of the organization.) 3415.606 Agency procedures. (b)(1) The HCA or designee is the contact point to coordinate the receipt, control, and handling of unsolicited proposals. (2) Offerors must direct unsolicited proposals to the HCA.

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