[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: 48CFR315.204-5]



[Page 32-33]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 315_CONTRACTING BY NEGOTIATION--Table of Contents

 

   Subpart 315.2_Solicitation and Receipt of Proposals and Information

 

Sec. 315.204-5  Part IV--Representations and instructions.



    (a) Section K, Representations, certifications, and other statements 

of offerors. (1) This section shall begin with the following and 

continue with the applicable representations and certifications:



    To Be Completed by the Offeror: (The Representations and 

Certifications must be executed by an individual authorized to bind the 

offeror.) The offeror makes the following Representations and 

Certifications as part of its proposal (check or complete all 

appropriate boxes or blanks on the following pages).



[fxsp0]_________________________________________________________________

(Name of Offeror)



[fxsp0]_________________________________________________________________

(RFP No.)



[fxsp0]_________________________________________________________________

(Signature of Authorized Individual)



[fxsp0]_________________________________________________________________

(Date)



[fxsp0]_________________________________________________________________

(Typed Name of Authorized Individual)



    Note: The penalty for making false statements in offers is 

prescribed in 18 U.S.C. 1001.



    (c) Section M, Evaluation factors for award--(1) General. (i) The 

evaluation factors must be developed by the project officer and 

submitted to the contracting officer in the request for contract (RFC) 

for inclusion in the request for proposal (RFP). Development of these 

factors and the assignment of the relative importance or weight to each 

require the exercise of judgment on a case-by-case basis because they 

must be tailored to the requirements of the individual acquisition. 

Since the factors will serve as a standard against which all proposals 

will be evaluated, it is imperative that they be chosen carefully to 

emphasize those considered to be critical in the selection of a 

contractor.

    (ii) The finalized evaluation factors cannot be changed except by a 

formal amendment to the RFP issued by the contracting officer. No 

factors other than those set forth in the RFP shall be used in the 

evaluation of proposals.

    (2) Review of evaluation factors. (i) The evaluation factors should 

be reviewed by the contracting officer in terms of the work statement. 

This review is not intended to dictate technical requirements to the 

program office or project officer, but rather to ensure that the 

evaluation factors are clear, concise, and fair so that all potential 

offerors are fully aware of the bases for proposal evaluation and are 

given an equal opportunity to compete.

    (ii) The project officer and the contracting officer should then 

review the evaluation factors together to ascertain the following:

    (A) The factors are described in sufficient detail to provide the 

offerors (and evaluators) with a total understanding of the factors to 

be involved in the evaluation process;

    (B) The factors address the key programmatic concerns which the 

offerors must be aware of in preparing proposals;

    (C) The factors are specifically applicable to the instant 

acquisition and are not merely restatements of factors from previous 

acquisitions which are not relevant to this acquisition; and

    (D) The factors are selected to represent only the significant areas 

of importance which must be emphasized rather than a multitude of 

factors. (All factors tend to lose importance if too many are included. 

Using too many factors will prove as detrimental as using too few.)

    (3) Examples of topics that form a basis for evaluation factors. 

Typical examples of topics that form a basis for the development of 

evaluation factors are listed in the following paragraphs. These 

examples are intended to assist in the development of actual evaluation 

factors for a specific acquisition and should only be used if they are 

applicable to that acquisition. They are not to be construed as actual 

examples of evaluation factors to be included in the RFP.

    (i) Understanding of the problem and statement of work:

    (ii) Method of accomplishing the objectives and intent of the 

statement of work;

    (iii) Soundness of the scientific or technical approach for 

executing the requirements of the statement of work



[[Page 33]]



(to include, when applicable, preliminary layouts, sketches, diagrams, 

other graphic representations, calculations, curves, and other data 

necessary for presentation, substantiation, justification, or 

understanding of the approach);

    (iv) Special technical factors, such as experience or pertinent 

novel ideas in the specific branch of science or technology involved;

    (v) Feasibility and/or practicality of successfully accomplishing 

the requirements (to include a statement and discussion of anticipated 

major difficulties and problem areas and recommended approaches for 

their resolution);

    (vi) Availability of required special research, test, and other 

equipment or facilities;

    (vii) Managerial capability (ability to achieve delivery or 

performance requirements as demonstrated by the proposed use of 

management and other personnel resources, and to successfully manage the 

project, including subcontractor and/or consultant efforts, if 

applicable, as evidenced by the management plan and demonstrated by 

previous experience);

    (viii) Availability, qualifications, experience, education, and 

competence of professional, technical, and other personnel, to include 

proposed subcontractors and consultants (as evidenced by resumes, 

endorsements, and explanations of previous efforts);

    (ix) Soundness of the proposed staff time or labor hours, propriety 

of personnel classifications (professional, technical, others), 

necessity for type and quantity of material and facilities proposed, 

validity of proposed subcontracting, and necessity of proposed travel;

    (x) Quality of offeror's past performance on recent projects of 

similar size and scope; and

    (xi) Extent of proposed participation of small disadvantaged 

business concerns in performance of the contract.