[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR15.203]



[Page 257-258]

 

            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;



[[Page 258]]



    (iii) Sources solicited, including the date, time, name of 

individuals contacted, and prices offered; and

    (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.