[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Proposed Rules]
[Pages 2472-2476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-296]
[[Page 2471]]
_______________________________________________________________________
Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Ch. 1
Federal Acquisition Regulation; Contract Award Implementation; Proposed
Rule
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 /
Proposed Rules
[[Page 2472]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[FAR Case 94-701]
Federal Acquisition Regulation; Contract Award Implementation
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule is issued pursuant to the Federal
Acquisition Streamlining Act of 1994 to expand the reasons for
establishing or maintaining alternative sources of supplies or
services, clarify approval authority for use of other than full and
open competition, allow acquisition of expert services to support
litigation by other than full and open competition and provide an
exception to synopsis requirements, make procedures for award without
discussion the same for Department of Defense and civilian agencies and
clarify procedures for use of source selection evaluation factors in
solicitations, require a determination that an option is likely to be
exercised before providing for evaluation of options, clarify notice of
award and debriefing procedures, allow nonprofit agencies for the blind
or severely disabled to use Government supply sources in performing
Javits-Wagner-O'Day contracts, clarify procedures for award to a source
identified in a statute, and identify new Federal Procurement Data
System reporting requirements.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993.
DATES: Comments should be submitted on or before March 10, 1995 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to: -
General Services Administration, FAR Secretariat (VRS), 18th & F
Streets, NW, Room 4037, Washington, DC 20405.
Please cite FAR case 94-701 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Contract Award Team
Leader, at (703) 614-1634 in reference to this FAR case. For general
information, contact the FAR Secretariat, Room 4037, GS Building,
Washington, DC 20405 (202) 501-4755. Please cite FAR case 94-701.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355,
provides authorities that streamline the acquisition process and
minimize burdensome Government-unique requirements. Major changes that
can be expected in the acquisition process as a result of Federal
Acquisition Streamlining Act implementation include changes in the
areas of Commercial Item Acquisition, Simplified Acquisition
Procedures, the Truth in Negotiations Act, and Introduction of the
Federal Acquisition Computer Network.
This notice announces proposed FAR revisions developed under FAR
Case 94-701, Contract Award Implementation, which implements the
following sections of the Act:
--Sections 1002 and 1052 amended 10 U.S.C. 2304(b) and 41 U.S.C. 253(b)
to--(1) ensure the continuous availability of a reliable source of
supply; (2) satisfy projected needs based on a history of high demand;
and (3) satisfy a critical need for medical, safety, or emergency
supplies, as reasons for establishing or maintaining alternative
sources. (Implementation at FAR 6.202.)
--Sections 1003 and 1053 amended 10 U.S.C. 2304(f)(1)(B)(i) and 41
U.S.C. 253(f)(1)(B)(i) to clarify the approval authority for use of
other than full and open competition. (Implementation at FAR 6.304.)
--Sections 1005 and 1055 amended 10 U.S.C. 2304(c)(3) and 41 U.S.C.
253(c) to add the acquisition of expert services for use in any
litigation or dispute involving the Federal Government as an exception
to use of full and open competition. (Implementation at FAR 6.302-5.)
Section 1055 also amended 41 U.S.C. 416(c) and 15 U.S.C. 637(c) to
provide an exception to the publication of notices in the Commerce
Business Daily for acquisition of expert services. (Implementation at
FAR 5.202, 5.301, and 6.302-3.)
--Sections 1011 and 1061 amend 10 U.S.C. 2305(a) and 41 253a to (1)
make procedures for award of contracts without discussion comparable in
Department of Defense and civilian agencies, (2) require solicitations
for competitive proposals to include all significant factors and
subfactors and whether they are more important, of equal importance or
less important than cost or price and (3) permit agencies to disclose
numerical weights assigned to evaluation factors at their discretion.
(Implementation at FAR 15.407, 15.605, 15.610, and 52.215-16.)
--Sections 1012 and 1062 amend 10 U.S.C. 2305(a) and 41 U.S.C. 253(a)
to require a determination that it is likely that an option will be
exercised before providing for evaluation of prices of options in
solicitations for contracts awarded using sealed bid procedures.
(Implementation at FAR 17.202 and 17.208.)
--Sections 1013 and 1063 amend 10 U.S.C. 2305(b) and 41 U.S.C. 253b to
require, within three days of contract award, notification to
unsuccessful offerors that a contract has been awarded and to allow
electronic transmission of the notice. (Implementation at FAR 14.407-1,
14.408-1, 15.1001, 15.1002 and 36.304.)
--Sections 1014 and 1064 amend 10 U.S.C. 2305(b) and 41 U.S.C. 253b to
(1) allow offerors to request a debriefing within three days of receipt
of notice of award and requires agencies, to the maximum extent
practicable, to conduct the debriefings within five days, and (2)
specify minimum requirements for content of the debriefings.
(Implementation at FAR 15.1003 and 36.607.)
--Section 1555 amends 40 U.S.C. 481 to allow nonprofit agencies for the
blind or severely disabled providing supplies or services under a
Javits-Wagner-O'Day Act contract to use Government supply sources in
performing the contract. (Implementation at FAR 51.101 and 51.102.)
--Section 7203 amends 10 U.S.C. 2304 and 41 U.S.C. 253 to state
Congressional policy regarding legislative requirements for award of a
new contract to a specific non-Federal Government entity.
(Implementation at FAR 6.302-5.)
--Section 1004 requires the Federal Procurement Data System to collect
from contracts in excess of the simplified acquisition threshold data
on awards to small and disadvantaged businesses using either set asides
or full and open competition, awards to businesses owned and controlled
by women, the number of offers received in response to a solicitation,
task order contracts and contracts for the acquisition of commercial
items. (Implementation at FAR 4.601.)
The FAR Council is interested in an exchange of ideas and opinions
with respect to the regulatory implementation of the Act. For that
reason, the Council is conducting a series of public meetings. However,
the Council has not scheduled a public [[Page 2473]] meeting on this
rule (FAR case 94-701) because of the clarity and non-controversial
nature of the rule. If the public believes such a meeting is needed
with respect to this rule, a letter requesting a public meeting and
outlining the nature of the requested meeting shall be submitted to and
received by the FAR Secretariat (see ADDRESSES caption) on or before
February 8, 1995. The FAR Council will consider such requests in
determining whether a public meeting on this rule should be scheduled.
B. Regulatory Flexibility Act
The proposed rule is not expected to have significant economic
impact on a substantial number of small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. because it
affects internal operating procedures of the Federal Government. An
Initial Regulatory Flexibility Analysis has, therefore, not been
performed. Comments from small entities concerning the affected FAR
subparts will also be considered in accordance with 5 U.S.C. 610 of the
Act. Such comments must be submitted separately and cite 5 U.S.C. 601,
et seq. (FAR case 94-701) in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose recordkeeping or information
collection requirements, or collections of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Chapter 1
Government procurement.
Dated: December 29, 1994.
Edward C. Loeb,
Deputy Project Manager for the Implementation of the Federal
Acquisition Streamlining Act of 1994.
Therefore, it is proposed that 48 CFR Chapter 1 be amended as set
forth below:
1. The authority citation for 48 CFR Chapter 1 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 4--ADMINISTRATIVE MATTERS
2. Section 4.601 is amended by redesignating existing paragraph (d)
as (e) and revising it; and adding a new paragraph (d) to read as
follows:
4.601 Record requirements.
* * * * *-
(d) In addition to the information described in paragraphs (b) and
(c) of this section, for procurements exceeding $25,000, the following
information shall be accessible:
(1) Awards to small disadvantaged businesses using either set-
asides or full and open competition.
(2) Awards to business concerns owned and controlled by women.
(3) The number of offers received in response to a solicitation.-
(4) Task or delivery order contracts.
(5) Contracts for the acquisition of commercial items.-
(e) This information shall be transmitted to the Federal
Procurement Data System in accordance with agency procedures.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.201 [Amended]-
3. Section 5.201 is amended in paragraph (a) by removing ``(15
U.S.C. 637(c))'' and inserting ``(15 U.S.C. 637(e))''.-
4. Section 5.202 is amended at the end of paragraph (a)(11) by
removing P``;or''; at the end of paragraph (a)(12) by removing the
period and inserting ``; or''; and by adding paragraph (a)(13) to read
as follows:
5.202 Exceptions.
* * * * *-
(a) * * *-
(13) The contract action is for the services of an expert to
support the Federal Government in any current or anticipated litigation
or dispute.
* * * * *-
5. Section 5.301 is amended at the end of paragraph (b)(5) by
removing P``or''; at the end of paragraph (b)(6) by removing the period
and inserting ``; or''; and by adding paragraph (b)(7) to read as
follows:
5.301 General.
* * * * *-
(b) * * *-
(7) The award is for the services of an expert to support the
Federal Government in any current or anticipated litigation or dispute.
* * * * *
PART 6--COMPETITION REQUIREMENTS-
6. Section 6.202 is amended by revising paragraph (a)(1); at the
end of paragraph (a)(2) by removing ``or''; at the end of paragraph
(a)(3) by removing the period and inserting a semicolon; adding
paragraphs (a)(4) through (a)(6); and removing from paragraphs (b)(1)
and (b)(3) the word ``above'' and inserting ``of this section''. The
revised text reads as follows:
6.202 Establishing or maintaining alternative sources.-
(a) * * *-
(1) Increase or maintain competition and likely result in reduced
overall costs for the acquisition, or for any anticipated acquisition;
* * * * *-
(4) Ensure the continuous availability of a reliable source of
supplies or services;-
(5) Satisfy projected needs based on a history of high demand; or-
(6) Satisfy a critical need for medical, safety, or emergency
supplies.
* * * * *-
7. Section 6.302-3 is amended by revising the heading and paragraph
(a)(2); and by adding paragraph (b)(3) to read as follows:
6.302-3 Industrial mobilization; engineering, developmental, or
research capability; or expert services.-
(a) * * *-
(2) Full and open competition need not be provided for when it is
necessary to award the contract to a particular source or sources in
order (i) to maintain a facility, producer, manufacturer, or other
supplier available for furnishing supplies or services in case of a
national emergency or to achieve industrial mobilization, (ii) to
establish or maintain an essential engineering, research, or
development capability to be provided by an educational or other
nonprofit institution or a federally funded research and development
center, or (iii) to acquire the services of an expert for any current
or anticipated litigation or dispute.-
(b) * * *-
(3) Use of the authority in paragraph (a)(2)(iii) of this
subsection may be appropriate when it is necessary to acquire the
services of--
(i) An expert to---
(A) Assist the Government in the analysis, presentation, or defense
of any claim or request for adjustment to contract terms or conditions,
whether asserted by a contractor or the Government, which is in
litigation or dispute, or is anticipated to result in dispute or
litigation before any court, administrative tribunal, or agency, or -
(B) Participate in any part of an alternative dispute resolution
process, including but not limited to evaluators, factfinders, or
witnesses, regardless of whether the expert is expected to testify; or
-
(ii) A neutral person, e.g., mediators or arbitrators, to
facilitate the resolution [[Page 2474]] of issues in an alternative
dispute resolution process.
* * * * *
8. Section 6.302-5 is amended by revising paragraph (c)(1) and
adding paragraph (c)(3) to read as follows:
6.302-5 Authorized or required by statute.
* * * * *-
(c) Limitations. (1) This authority shall not be used to support
new awards to specified non-Federal Government entities unless a
provision of law specifically refers to 10 U.S.C. 2304(j) for armed
services acquisitions or section 303(h) of the Federal Property and
Administrative Services Act of 1949 for civilian agency acquisitions
and requires an agency to award a new contract to a named non-Federal
Government entity and specifically states that award to this entity
shall be made in contravention of the merit-based selection procedures
in subsection 7203(b) of the Federal Acquisition Streamlining Act of
1994 (10 U.S.C. 2304(j) and section 303(h) of the Federal Property and
Administrative Services Act of 1949). However, this limitation does not
apply--
(i) When the work provided for in the contract is a continuation of
the work performed by the specified entity under a preceding contract;
or-
(ii) To any contract requiring the National Academy of Sciences to
investigate, examine, or experiment upon any subject of science or art
of significance to an executive agency and to report on those matters
to the Congress or any agency of the Federal Government.
* * * * *-
(3) The authority in paragraph (a)(2)(ii) of this subsection may be
used only for purchases of brand-name commercial items for resale
through commissaries or other similar facilities. Ordinarily, these
purchases will involve articles desired or preferred by customers of
the selling activities (but see 6.301(d)).
9. Section 6.304 is amended by revising paragraph (a)(2) to read as
follows:
6.304 Approval of the justification.
(a) * * *-
(2) For a proposed contract over $100,000 but not exceeding
$1,000,000, by the competition advocate for the procuring activity
designated pursuant to 6.501 or an official described in paragraphs
(a)(3) and (a)(4) of this section. This authority is not delegable.
* * * * *
PART 14--SEALED BIDDING
10. Section 14.407-1 is amended by revising paragraphs (a)(1) and
(d)(2) to read as follows:
14.407-1 General.
(a) * * * (1) by written or electronic notice, * * *
* * * * *
(d) * * *
(2) use of the Award portion of SF 33, SF 26, or SF 1447, does not
preclude the additional use of informal documents, including telegrams
or electronic transmissions, as notices of awards.
11. Section 14.408-1 is revised to read as follows:
14.408-1 Award of unclassified contracts.
(a)(1) The contracting officer shall as a minimum (subject to any
restrictions in 48 CFR part 9, subpart 9.4)--
(i) Notify each unsuccessful bidder in writing or electronically
within three days after contract award, that its bid was not accepted;
(ii) Extend appreciation for the interest the unsuccessful bidder
has shown in submitting a bid; and
(iii) When Award is made to other than a low bidder, state the
reason for rejection in the notice to each of the unsuccessful low
bidders.
(2) For acquisitions subject to the Trade Agreements Act or the
North American Free Trade Agreement (NAFTA) Implementation Act (see
25.405(e)), agencies shall include in notices given unsuccessful
offerors from designated or NAFTA countries--
(i) The dollar amount of the successful offer; and
(ii) The name and address of the successful offeror.
(b) Information included in paragraph (a)(2) of this subsection
shall be provided to any unsuccessful bidder upon request except when
multiple awards have been made and furnishing information on the
successful bids would require so much work as to interfere with normal
operations of the contracting office. In such circumstances, only
information concerning location of the abstract of offers need be
given.
(c) When a request is received concerning an unclassified
invitation from an inquirer who is neither a bidder nor a
representative of a bidder, the contracting officer should make every
effort to furnish the names of successful bidders and, if requested,
the prices at which awards were made. However, when such requests
require so much work as to interfere with the normal operations of the
contracting office, the inquirer will be advised where a copy of the
abstract of offers may be seen.
(d) Requests for records shall be governed by agency regulations
implementing 48 CFR part 24, subpart 24.2.
PART 15--CONTRACTING BY NEGOTIATION
12. Section 15.407 is amended by revising paragraph (d)(4) to read
as follows:
15.407 Solicitation provisions.
* * * * *
(d) * * *
(4) Insert in RFP's the provision at 52.215-16, Contract Award.
(i) If the RFP is for construction, the contracting officer shall
use the provision with its Alternate I or the provision with its
Alternate I or the provision with its Alternate I and Alternate II.
(ii) If the contracting officer intends to evaluate offers and make
award without discussions, use the basic provision with its Alternate
II.
* * * * *
13. Section 15.605 is amended by revising the heading, and
paragraphs (a), (b), and (e) to read as follows:
15.605 Evaluation factors and subfactors.
(a) The factors and subfactors that will be considered in
evaluating proposals shall be tailored to each acquisition and include
only those factors that will have an impact on the source selection
decision.
(b) The evaluation factors and subfactors that apply to an
acquisition and their relative importance are within the broad
discretion of agency acquisition officials. However, price or cost to
the Government shall be included as an evaluation factor in every
source selection. Quality also shall be addressed in every source
selection. In evaluation factors, quality may be expressed in terms of
technical capability, management capability, personnel qualifications,
prior experience, past performance, and schedule compliance. Any other
relevant factors and subfactors, such as cost realism, may also be
included.
* * * * *
(e) The solicitation shall clearly state the significant evaluation
factors and significant subfactors, including cost or price, cost or
price-related factors and subfactors, and non-cost or non-price-related
factors and subfactors, that will be considered in making the source
selection and their relative importance (see 15.406-5(c)). The
solicitation shall state whether all evaluation factors other than cost
or price, when combined, are (1) significantly more
[[Page 2475]] important than cost or price; (2) approximately equal to
cost or price; or (3) significantly less important than cost or price.
The solicitation may elaborate on the relative weights at the
discretion of the contracting officer. The solicitation shall inform
offerors of minimum requirements that apply to evaluation factors and
significant subfactors. Numerical weights may be used at the discretion
of the head of the agency. If numerical weights are used in proposal
evaluation, they may be disclosed in the solicitation on a case-by-case
basis. The solicitation may state that award will be made to the low
priced offeror that meets the solicitation's minimum criteria for
acceptable proposals.
* * * * *
14. Section 15.610 is amended by revising paragraphs (a) and (b) to
read as follows:
15.610 Written or oral discussion.
(a) The requirement in paragraph (b) of this section for written or
oral discussion need not be applied in acquisitions--
(1) In which prices are fixed by law or regulation;
(2) Of the set-aside portion of a partial set-aside; or
(3) In which the solicitation notified all offerors that the
Government intends to evaluate proposals and make award without
discussion unless the contracting officer determines that discussions
(other than communications conducted for the purpose of minor
clarification) are considered necessary (see 15.407(d)(4)). Once the
Government states its intent to award without discussions, the
rationale for reversal of this decision shall be documented in the
contract file.
(b) Except as provided in paragraph (a) of this section, the
contracting officer shall conduct written or oral discussion with all
responsible offerors who submit proposals within the competitive range.
The content and extent of the discussions is a matter of the
contracting officer's judgment, based on the particular facts of each
acquisition (but see paragraphs (c) and (d) of this section).
* * * * *
15.1001 through 15.1005 [Redesignated as 15.1002 through 15.1006]
15. Sections 15.1001 through 15.1005 are redesignated as 15.1002
through 15.1006, respectively; and a new 15.1001 is added to read as
follows:
15.1001 General.
This subpart applies to the use of competitive proposals, as
described in 6.102(b), and a combination of competitive procedures, as
described in 6.102(d). To the extent practicable, however, the
procedures and intent of this subpart, with reasonable modification,
should be followed for these acquisitions: broad agency announcements,
small business innovation research contracts and architect-engineer
contracts.
16. Newly designated section 15.1002 is amended by revising
paragraph (a), and the introductory text of paragraphs (b)(2) and
(c)(1); by removing paragraph (c)(2) and redesignating paragraph (c)(3)
as (c)(2); and by amending the newly designated paragraph (c)(2) by
removing ``15.1001(c)(1)(i)'' and inserting ``15.1002(c)(1)(i). The
revised text reads as follows:
15.1002 Notifications to unsuccessful offerors.
(a) General. Within three days of contract award, the contracting
officer shall notify, in writing or electronically, each offeror whose
proposal is determined to be unacceptable or whose offer is not
selected for award.
(b) * * *
(2) In a small business set-aside (see 48 CFR part 19, subpart
19.5), upon completion of negotiations and determinations of
responsibility, but prior to award, the contracting officer shall
notify each unsuccessful offeror in writing or electronically of the
name and location of the apparent successful offeror. The notice shall
also state that * * *-
(c) Postaward notices. (1) After award of contracts resulting from
solicitations exceeding the small purchase limitation in part 13, the
contracting officer shall notify unsuccessful offerors in writing or
electronically, unless preaward notice was given under paragraph (b) of
this section. The notice shall include--
* * * * *
17. Newly designated section 15.1003 is amended by revising the
first sentence to read as follows:
15.1003 Notification to successful offeror.
The contracting officer shall award a contract with reasonable
promptness to the successful offeror (selected in accordance with
15.611(d)) by transmitting written or electronic notice of the award to
that offeror (but see 15.608(b)). * * *
18. Newly designated section 15.1004 is revised to read as follows:
15.1004 Debriefing of offerors.
(a) When a contract is awarded on the basis of competitive
proposals, offerors, upon their written request received by the agency
within three days after the date the unsuccessful offeror receives
notice of contract award, shall be debriefed and furnished the basis
for the selection decision and contract award. When practicable,
debriefing requests received more than three days after the offeror
receives notice of contract award shall be accommodated. To the maximum
extent practicable, the debriefing should occur within five days after
receipt of the written request.
(b) Debriefings of successful and unsuccessful offerors may be done
orally, in writing, by electronic means, or any other method mutually
acceptable to both the offeror and the contracting officer.
(c) The contracting officer shall chair the debriefing session with
the support of individuals actually responsible for the evaluations.
(d) At a minimum, the debriefing information shall include--
(1) The Government's evaluation of the significant weaknesses or
deficiencies in the offeror's proposal;
(2) The overall evaluated cost and technical rating of the
successful and debriefed offerors;
(3) The overall ranking of all offerors when any ranking was
developed by the agency during the source selection;
(4) A summary of the rationale for award;
(5) For commercial end items delivered under the contract, the make
and model of the item being provided by the successful offeror; and
(6) Reasonable responses to relevant questions about whether source
selection procedures contained in the solicitation, applicable
regulations, and other applicable authorities were followed.
(e) The debriefing shall not include point-by-point comparisons of
the debriefed offeror's proposal with those of other offerors.
Moreover, debriefing shall not reveal any information exempt from
release under the Freedom of Information Act including--
(1) Trade secrets;
(2) Privileged or confidential manufacturing processes and
techniques; and-
(3) Commercial and financial information that is privileged or
confidential, including cost breakdowns, profit, indirect cost rates,
and similar information.
(f) The contracting officer shall include an official written
summary of the debriefing in the contract file.
(g) If, within one year of contract award, a successful protest
causes the agency to issue either a new solicitation or a new request
for best and final offers on the protested contract award, the
[[Page 2476]] agency shall make available to all offerors--
(1) Information provided in any debriefings conducted on the
original award about the successful offeror's proposal; and
(2) Other nonproprietary information that would have been provided
to the original offerors.
PART 17--SPECIAL CONTRACTING METHODS
19. Section 17.202 is amended by revising paragraph (a), and at the
end of paragraph (b)(1)(ii) by removing ``; or'' and inserting a
period. The revised text reads as follows:
17.202 Use of options.-
(a) Subject to the limitations of paragraphs (b) and (c) of this
section, for both sealed bidding and contracting by negotiation the
contracting officer may include options in contracts when it is in the
Government's interest. When using sealed bids, the contracting officer
shall make a written determination that there is a reasonable
likelihood that the options will be exercised before including the
clause at 52.217-5, Evaluation of Options, in the solicitation. (See
17.207(f) with regard to the exercise of options.)
* * * * *
20. Section 17.208 is amended by revising paragraphs (b) and (c)(4)
to read as follows:
17.208 Solicitation provisions and contract clauses.
* * * * *
(b) The contracting officer shall insert a provision substantially
the same as the provision at 52.217-4, Evaluation of Options Exercised
at Time of Contract Award, in solicitations when the solicitation
includes an option clause, the contracting officer has determined that
there is a reasonable likelihood that the option will be exercised, and
the option may be exercised at the time of contract award.
(c) * * *
(4) The contracting officer has determined that there is a
reasonable likelihood that the option will be exercised. For sealed
bids, the determination shall be in writing.
* * * * *
PART 25--FOREIGN ACQUISITION
21. Section 25.405 is amended by revising paragraph (e) to read as
follows:
25.405 Procedures.
* * * * *
(e) Within three days after a contract award for an eligible
product, agencies shall give unsuccessful offerors from designated or
NAFTA countries notice in accordance with 14.408-1 and 15.1002.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
22. Section 36.304 is amended by revising the introductory text to
read as follows:
36.304 Notice of award.
When a notice of award is issued, it shall be done in writing or
electronically, within three days of contract award, shall contain
information required by 14.407 and shall--
* * * * *
23. Section 36.607 is amended by designating the existing text as
paragraph (a) and adding paragraph (b) to read as follows:
36.607 Release of information on firm selection.
* * * * *
(b) Debriefings of successful and unsuccessful firms will be held
after final selection has taken place and will be conducted in
accordance with 15.1003(b) through (g). Note that 15.1003(d)(2) through
(d)(5) does not apply to architect-engineer contracts.
PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS
24. Section 51.101 is amended at the end of paragraph (a)(1) by
removing ``or'' and at the end of paragraph (a)(2) by removing the
period and inserting ``; or'' and by adding paragraph (a)(3) to read as
follows:
51.101 Policy.-
(a) * * *
(3) A contract under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.) if (i) the nonprofit agency requesting use of the supplies and
services is providing a commodity or service to the Federal Government,
and (ii) the supplies or services received are directly used in making
or providing a commodity or service approved by the Committee for
Purchase From People Who Are Blind or Severely Disabled to the Federal
Government (See 48 CFR part 8, subpart 8.7).
* * * * *
25. Section 51.102 is amended in paragraph (a) by revising the last
sentence to read as follows:
51.102 Authorization to use Government supply sources.
(a) * * * Except for findings under 51.101(a)(3), the determination
shall be based on, but not limited to, considerations of the following
factors:
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
26. Section 52.215-16 is amended by revising the date in the clause
heading and paragraph (c); adding paragraph (h); by removing from
Alternate I ``15.407(d)(4)(ii)'' and inserting ``15.407(d)(4)(i)''; by
removing Alternate II; and by redesignating Alternate III as II and
revising it. The revisions read as follows:
52.215-16 Contract Award.
* * * * *
Contract Award (Date)
* * * * *
(c) The Government intends to evaluate proposals and award a
contract after conducting written or oral discussions with all
responsible offerors whose proposals have been determined to be within
the competitive range. However, each initial offer should contain the
offeror's best terms from a cost or price and technical standpoint.
* * * * *
(h) The Government may disclose the following information in post-
award debriefings to other offerors: (1) The overall evaluated cost and
technical rating of the successful offeror; (2) The overall ranking of
all offerors, if one was performed during the source selection; and (3)
for acquisitions of commercial items, the make and model of the item
being provided by the successful offeror.
* * * * *
Alternate II (Date). As prescribed in 15.407(d)(4)(ii), substitute
the following paragraph (c) for paragraph (c) of the basic provision:
(c) The Government intends to evaluate proposals and award a
contract without discussions with offerors (except communications
conducted for the purpose of minor clarification). Therefore, each
initial offer should contain the offeror's best terms from a cost or
price and technical standpoint. However, the Government reserves the
right to conduct discussions if later determined by the Contracting
Officer to be necessary.
[FR Doc. 95-296 Filed 1-6-95; 8:45 am]
BILLING CODE 6820-34-P
