[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR15.203]

[Page 247-248]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 15_CONTRACTING BY NEGOTIATION--Table of Contents
 
   Subpart 15.2_Solicitation and Receipt of Proposals and Information
 
Sec.  15.203  Requests for proposals.

    (a) Requests for proposals (RFPs) are used in negotiated 
acquisitions to communicate Government requirements to prospective 
contractors and to solicit proposals. RFPs for competitive acquisitions 
shall, at a minimum, describe the--
    (1) Government's requirement;
    (2) Anticipated terms and conditions that will apply to the 
contract:
    (i) The solicitation may authorize offerors to propose alternative 
terms and conditions, including the contract line item number (CLIN) 
structure; and
    (ii) When alternative CLIN structures are permitted, the evaluation 
approach should consider the potential impact on other terms and 
conditions or the requirement (e.g., place of performance or payment and 
funding requirements) (see 15.206);
    (3) Information required to be in the offeror's proposal; and
    (4) Factors and significant subfactors that will be used to evaluate 
the proposal and their relative importance.
    (b) An RFP may be issued for OMB Circular A-76 studies. See subpart 
7.3 for additional information regarding cost comparisons between 
Government and contractor performance.
    (c) Electronic commerce may be used to issue RFPs and to receive 
proposals, modifications, and revisions. In this case, the RFP shall 
specify the electronic commerce method(s) that offerors may use (see 
subpart 4.5).
    (d) Contracting officers may issue RFPs and/or authorize receipt of 
proposals, modifications, or revisions by facsimile.
    (1) In deciding whether or not to use facsimiles, the contracting 
officer should consider factors such as--
    (i) Anticipated proposal size and volume;
    (ii) Urgency of the requirement;
    (iii) Availability and suitability of electronic commerce methods; 
and
    (iv) Adequacy of administrative procedures and controls for 
receiving, identifying, recording, and safeguarding facsimile proposals, 
and ensuring their timely delivery to the designated proposal delivery 
location.
    (2) If facsimile proposals are authorized, contracting officers may 
request offeror(s) to provide the complete, original signed proposal at 
a later date.
    (e) Letter RFPs may be used in sole source acquisitions and other 
appropriate circumstances. Use of a letter RFP does not relieve the 
contracting officer from complying with other FAR requirements. Letter 
RFPs should be as complete as possible and, at a minimum, should contain 
the following:
    (1) RFP number and date;
    (2) Name, address (including electronic address and facsimile 
address, if appropriate), and telephone number of the contracting 
officer;
    (3) Type of contract contemplated;
    (4) Quantity, description, and required delivery dates for the item;
    (5) Applicable certifications and representations;
    (6) Anticipated contract terms and conditions;
    (7) Instructions to offerors and evaluation criteria for other than 
sole source actions;
    (8) Proposal due date and time; and
    (9) Other relevant information; e.g., incentives, variations in 
delivery schedule, cost proposal support, and data requirements.
    (f) Oral RFPs are authorized when processing a written solicitation 
would delay the acquisition of supplies or services to the detriment of 
the Government and a notice is not required under 5.202 (e.g., 
perishable items and support of contingency operations or other 
emergency situations). Use of an oral RFP does not relieve the 
contracting officer from complying with other FAR requirements.
    (1) The contract files supporting oral solicitations should 
include--
    (i) A description of the requirement;
    (ii) Rationale for use of an oral solicitation;
    (iii) Sources solicited, including the date, time, name of 
individuals contacted, and prices offered; and

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    (iv) The solicitation number provided to the prospective offerors.
    (2) The information furnished to potential offerors under oral 
solicitations should include appropriate items from paragraph (e) of 
this section.