[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR307.7105]



[Page 22-25]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 307_ACQUISITION PLANNING--Table of Contents

 

                  Subpart 307.71_Requests for Contract

 

Sec. 307.7105  Format and content.



    The Department does not prescribe a standard format for the RFC. A 

format similar to what is in this section is recommended. However, any 

document or group of documents will be acceptable as an RFC as long as 

all of the required information (paragraph (a) of this section), and as 

much of the optional information (paragraph (b) of this section) as is 

relevant, is included.

    (a) The RFC must include:

    (1) Purpose of the contract. A brief, general description of the 

requirement, including the citation of the legislation which authorizes 

the program or project, and a statement as to the intended purpose/use 

of the proposed contract.

    (2) Period of performance. The number of months (or other time 

period) required for total performance and, if applicable, for each 

phase of work indicated in the statement of work, as well as the 

proposed starting date.

    (3) Estimated cost and funds citation. An estimate of the total cost 

of the proposed contract and, if applicable, the estimate for each phase 

indicated in the statement of work. The project officer must provide a 

cost breakdown of all contributing cost factors, an estimate of the 

technical staff hours, direct material, subcontracting, travel, etc., 

and may consult with contracting and cost advisory personnel in 

developing this information. This section must include the certification 

of funds availability for the proposed acquisition, along with the 

appropriation and accounting information citations. When funds for the 

proposed acquisition are not currently available for obligation but are 

anticipated, a statement of intent to commit funds from the financial 

management officer shall be included in lieu of the certification of 

funds availability. (Contracts cannot be awarded unless funds are 

available, but see FAR 32.703-2).

    (4) Specification, purchase description, or statement or work. A 

description of the work to be performed that may be in the form of a 

specification, purchase description, or statement of work. Guidance 

concerning the statement of work and its contents is contained in 

307.7106. Use of the specification is primarily limited to supply or 

service contracts where the material end item or service to be delivered 

is well defined by the Government. To the maximum extent possible, 

requirements should be defined as performance-based statements of work 

that focus on outcomes or results. If the RFC for a service contract is 

not utilizing a performance-based statement of work, with associated 

measures and a quality surveillance plan, the rationale for this 

determination must be documented. If



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a performance-based service contract is utilized, the RFC must detail 

the performance standards that must be met, the quality surveillance 

plan that will be implemented and the performance incentives to be used, 

if applicable.

    (5) Schedule of deliverables/reporting requirements. A description 

of what is to be delivered, including, if applicable, technical and 

financial progress reports and any final report, and the required date 

of delivery for each deliverable. Reporting requirements should be 

tailored to the instant acquisition and should not be unnecessarily 

extensive or detailed. All delivery and reporting requirements shall 

include the quantities, the place of delivery, and time of delivery.

    (6) Sources for solicitation. A list of known potential sources by 

name, size, type of ownership, and mailing address. The project officer 

is encouraged to use trade and professional journals and publications 

and conduct a thorough market research to identify new prospective 

sources to supplement the list of known sources. Efforts to identify 

set-aside possibilities, e.g., 8(a), HUBZone, veteran-owned, service-

disabled veteran-owned, and small business, and efforts to identify 

sources such as small disadvantaged and women-owned small businesses 

must be documented.

    (7) Project officer and alternate. The project officer's name, 

title, organization, mailing address, and telephone number, along with 

the same data for the project officer's alternate, and a statement that 

these individuals have completed the Department's project officer 

training course (see 307.l70)

    (b) The RFC must include, if applicable to the acquisition:

    (1) Background and need. The background, history, and necessity for 

the proposed contract. This section is to include prior, present, and 

planned efforts by the program office in the same or related areas, and 

a description of efforts by other departmental activities and Federal 

agencies in the same or related program areas, if known. In addition, 

specific project information, such as the relevance or contribution to 

overall program objectives, reasons for the need, priority, and project 

overlap are to be provided.

    (2) Reference materials. A list, by title and description, of study 

reports, plans, drawings, and other data to be made available to 

prospective offerors for use in preparation of proposals and/or the 

contractor for use in performance of the contract. The project officer 

must indicate whether this material is currently available or when it 

will be available, and how it may be accessed by potential offerors.

    (3) Technical evaluation criteria and instructions. Technical 

evaluation criteria, which have been developed based on the requirements 

of the specific project, and any instructions and information which will 

assist in the preparation of prospective offerors' technical proposals. 

Evaluation factors may include understanding of the problem, technical 

approach, experience, personnel, facilities, etc. Criteria areas 

discussed in the statement of work and the relative order of importance 

or weights assigned to each of these areas for technical evaluation 

purposes must be identified.

    (4) Special program clearances or approvals. Any required clearance 

or approval. The following special program clearances or approvals 

should be reviewed for applicability to each acquisition. The ones which 

are applicable should be addressed during the planning discussions 

between the project officer and contracting officer/contract specialist 

(see 307.104(f)) and immediate action should be initiated by the project 

officer to obtain the necessary clearances or approvals. Comprehensive 

checklists of these and any OPDIV special approvals, clearances, and 

requirements shall be provided for reference purposes to program offices 

by the servicing contracting activity. If the approval or clearance has 

been requested and is being processed at the time of RFC submission, a 

footnote to this effect, including all pertinent details, must be 

included in this section.

    (i) Commercial activities. (OMB Circular No. A-76). A request for 

contract (RFC) must contain a statement as to whether the proposed 

solicitation is or is not to be used as part of an OMB Circular No. A-76 

cost comparison. (See General Administration Manual (GAM) Chapter 18-10; 

FAR subpart 7.3, subpart 307.3; OMB Circular No. A-76.)



[[Page 24]]



    (ii) Printing. The acquisition of printing and high volume 

duplicating by contract is prohibited unless it is authorized by the 

Joint Committee on Printing of the U.S. Congress. Procedures to be 

followed are contained in the ``Government Printing and Binding 

Regulations'' and the HHS Printing Management Manual and FAR subpart 

8.8.

    (iii) Paperwork Reduction Act. Under the Paperwork Reduction Act of 

1995, a Federal agency shall not collect information or sponsor the 

collection of information from ten or more persons (other than Federal 

employees acting within the scope of their employment) unless, in 

advance, the agency has submitted a request for Office of Management and 

Budget (OMB) review, to the OMB, and the OMB has approved the proposed 

collection of information. Procedures for the approval may be obtained 

by contacting the OPDIV reports clearance officer. (See 5 CFR part 

1320).

    (iv) Publications. All projects that will result in contracts which 

include publications development (print products, electronic bulletin 

boards, posting on the internet) require review and approval by the 

Office of the Assistant Secretary for Public Affairs (OASPA). Form HHS-

615, Publication Planning and Clearance Request, must be forwarded to 

OASPA through the OPDIV public affairs officer. Publications are defined 

in Chapter 5-00-15 of the Public Affairs Management Manual.

    (v) Public affairs services. Projects for the acquisition of public 

affairs services in excess of $5,000 must be submitted to the Office of 

the Assistant Secretary for Public Affairs (OASPA) for review and 

approval on Form HHS-524, Request for Public Affairs Services Contract.

    (vi) Audiovisual. All projects which will result in contracts which 

include audiovisuals, regardless of the audio, video, or audiovisual 

medium employed, require review and approval by the Office of the 

Assistant Secretary for Public Affairs (OASPA). Form HHS-524A, 

Publication Planning and Clearance Request, must be forwarded to OASPA 

through the OPDIV public affairs officer. Audiovisuals are defined in 

chapter 6-00-15 of the Public Affairs Management Manual.

    (vii) Privacy Act (5 U.S.C. 552a). Whenever the Department contracts 

for the design, development, operation, or maintenance of a system of 

records on individuals on behalf of the Department to accomplish a 

departmental function, the Privacy Act is applicable. The program 

official, after consultation with the activity's Privacy Act Coordinator 

and the Office of General Counsel, as necessary, shall include a 

statement in the request for contract as to the applicability of the 

Act. Whenever an acquisition is subject to the Act, the program official 

prepares a ``system notice'' and has it published in the Federal 

Register. (See HHS Privacy Act regulation, 45 CFR part 5b; FAR subpart 

24.1 and subpart 324.1.)

    (viii) Foreign research. All foreign research contract projects to 

be conducted in a foreign country and financed by HHS funds (U.S. 

dollars) must have clearance by the Department of State with respect to 

consistency with foreign policy objectives. This clearance should be 

obtained prior to negotiation. Procedures for obtaining this clearance 

are set forth in the HHS General Administration Manual, Chapter 20-60.

    (5) Identification and disposition of data. Identification of the 

data expected to be generated by the acquisition and an indication of 

whether the data are to be delivered to the Department or to be retained 

by the contractor is required. The project officer must also include 

information relative to the use, maintenance, disclosure, and 

disposition of data. The project officer must include a statement as to 

whether or not another acquisition, based upon the data generated by the 

proposed acquisition, is anticipated.

    (6) Government property. If known, the type of Government property, 

individual items, and quantities of Government property to be furnished 

to, or allowed to be acquired by, the resultant contractor should be 

indicated. The project officer must specify when the Government property 

is to be made available.

    (7) Special terms and conditions. Any suggested special terms and 

conditions not already covered in the statement of



[[Page 25]]



work or the applicable contract general provisions is required.

    (8) Justification for other than full and open competition. If the 

proposed acquisition is to be awarded using other than full and open 

competition, a justification prepared in accordance with FAR subpart 6.3 

and subpart 306.3 is required.



[66 FR 4226, Jan. 17, 2001, as amended at 70 FR 40, Jan. 3, 2005]