[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: 48CFR15.209]



[Page 261-262]

 

            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. 15.209  Solicitation provisions and contract clauses.



    When contracting by negotiation--

    (a) The contracting officer shall insert the provision at 52.215-1, 

Instructions to Offerors--Competitive Acquisition, in all competitive 

solicitations where the Government intends to award a contract without 

discussions.

    (1) If the Government intends to make award after discussions with 

offerors within the competitive range, the contracting officer shall use 

the basic provision with its Alternate I.

    (2) If the Government would be willing to accept alternate 

proposals, the contracting officer shall alter the basic clause to add a 

paragraph (c)(9) substantially the same as Alternate II.

    (b)(1) The contracting officer shall insert the clause at 52.215-2, 

Audit and Records-Negotiation (10 U.S.C. 2313, 41 U.S.C. 254d, and OMB 

Circular No. A-133), in solicitations and contracts except those for--

    (i) Acquisitions not exceeding the simplified acquisition threshold;



[[Page 262]]



    (ii) The acquisition of utility services at rates not exceeding 

those established to apply uniformly to the general public, plus any 

applicable reasonable connection charge; or

    (iii) The acquisition of commercial items exempted under 15.403-1.

    (2) For facilities acquisitions, the contracting officer shall use 

the clause with its Alternate I.

    (3) For cost-reimbursement contracts with State and local 

Governments, educational institutions, and other nonprofit 

organizations, the contracting officer shall use the clause with its 

Alternate II.

    (4) When the head of the agency has waived the examination of 

records by the Comptroller General in accordance with 25.1001, use the 

clause with its Alternate III.

    (c) When issuing a solicitation for information or planning 

purposes, the contracting officer shall insert the provision at 52.215-

3, Request for Information or Solicitation for Planning Purposes, and 

clearly mark on the face of the solicitation that it is for information 

or planning purposes.

    (d) [Reserved]

    (f) The contracting officer shall insert the provision at 52.215-6, 

Place of Performance, in solicitations unless the place of performance 

is specified by the Government.

    (g) [Reserved]

    (h) The contracting officer shall insert the clause at 52.215-8, 

Order of Precedence--Uniform Contract Format, in solicitations and 

contracts using the format at 15.204.



[62 FR 51230, Sept. 30, 1997, as amended at 63 FR 9055, Feb. 23, 1998; 

63 FR 58589, Oct. 30, 1998; 64 FR 72418, Dec. 27, 1999;69 FR 76346, Dec. 

20, 2004]