[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR715.370-1]



[Page 19-20]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

             CHAPTER 7--AGENCY FOR INTERNATIONAL DEVELOPMENT

 

PART 715_CONTRACTING BY NEGOTIATION--Table of Contents

 

                     Subpart 715.3_Source Selection

 

Sec. 715.370-1  Title XII selection procedure--general.



    (a) General. The Deputy Administrator has determined, as provided in 

AIDAR 706.302-70(b)(3)(ii) that use of this Title XII source selection 

procedure is necessary so as not to impair or affect USAID's ability to 

administer Title XII of the Foreign Assistance



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Act. This determination is reflected in AIDAR 706.302-70(b)(4). This 

constitutes authority for other than full and open competition when 

selecting Title XII institutions to perform Title XII projects.

    (b) Scope of subsection. This subsection prescribes policies and 

procedures for the selection of institutions eligible under Title XII of 

the Foreign Assistance Act of 1961, as amended, to perform activities 

authorized under Title XII.

    (c) Applicability. The provisions of this subsection are applicable 

when the project office certifies that the activity is authorized under 

Title XII, and determines that use of the Title XII selection procedure 

is appropriate.

    (d) Solicitation, evaluation, and selection procedures. (1) 

Competition shall be sought among eligible Title XII institutions to the 

maximum practicable extent; this requirement shall be deemed satisfied 

when a contractor is selected under the procedures of this subsection.

    (2) The project office shall--

    (i) Prepare selection criteria for evaluation of eligible 

institutions for use in preparing the source list, determining 

predominantly qualified sources, and selecting the contractor;

    (ii) Prepare an initial list of eligible institutions considered 

qualified to perform the proposed activity;

    (iii) Provide a statement describing qualifications and areas of 

expertise considered essential, a statement of work, estimate of 

personnel requirements, special requirements (logistic support, 

government furnished property, and so forth) for the contracting 

officer's use in preparing the request for technical proposal (RFTP).

    (iv) Send a memorandum incorporating the certification and 

determination required by paragraph (c) of this section, together with 

the information required by paragraphs (d)(2) (i) through (iii) of this 

section, with the ``Action'' copy of the PIO/T to the contracting 

officer, requesting him/her to prepare and distribute the RFTP.

    (3) Upon receipt and acceptance of the project officer's request, 

the contracting officer shall prepare the RFTP. The RFTP shall contain 

sufficient information to enable an offeror to submit a responsive and 

complete technical proposal. This includes a definitive statement of 

work, an estimate of the personnel required, and special provisions 

(such as logistic support, government furnished equipment, and so 

forth), a proposed contract format, and evaluation criteria. No cost or 

pricing data will be requested or required by the RFTP. The RFTP will be 

distributed to the eligible institutions recommended by the project 

office. The RFTP will be synopsized, as required by FAR 5.201, and will 

normally allow a minimum of 60 days for preparation and submission of a 

proposal.

    (4) Upon receipt of responses to the RFTP by the contracting 

officer, an evaluation committee will be established as provided for in 

715.608 of this subpart.

    (5) The evaluation committee will evaluate all proposals in 

accordance with the criteria set forth in the RFTP, and will prepare a 

selection memorandum which shall:

    (i) State the evaluation criteria;

    (ii) List all of the eligible institutions whose proposals were 

reviewed;

    (iii) Report on the ranking and rationale therefor for all 

proposals;

    (iv) Indicate the eligible institution or institutions considered 

best qualified.

    (6) The evaluation committee will submit the selection memorandum to 

the contracting officer for review and approval.

    (7) The contracting officer will either approve the selection 

memorandum, or return it to the evaluation committee for reconsideration 

for specified reasons.

    (8) If the selection memorandum is approved, the contracting officer 

shall obtain cost, pricing, and other necessary data from the 

recommended institution or institutions and shall conduct negotiations. 

If a satisfactory contract cannot be obtained, the contracting officer 

will so advise the evaluation committee. The evaluation committee may 

then recommend an alternate institution or institutions.



[52 FR 6158, Mar. 2, 1987, as amended at 54 FR 28069, July 5, 1989; 55 

FR 6802, Feb. 27, 1990. Redesignated at 64 FR 16648, Apr. 6, 1999]



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