[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: 48CFR715.370-2]



[Page 21-22]

 

            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. 715.370-2  Title XII selection procedure--collaborative assistance.



    (a) General. (48 CFR) AIDAR 706.302-70(b)(4) provides authority for 

other than full and open competition when selecting Title XII 

institutions to perform Title XII activities.

    (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, where USAID has determined, in accordance 

with paragraph (c) of this subsection, that use of the collaborative 

assistance contracting system is appropriate. See AIDR Appendix F (of 

this chapter)--Use of Collaborative Assistance Method for Title XII 

Activities for a more complete definition and discussion of the 

collaborative assistance method.

    (c) Determinations. The following findings and determinations must 

be made prior to initiating any contract actions under the collaborative 

assistance method:

    (1) The cognizant technical office makes a preliminary finding that 

an activity:

    (i) Is authorized by Title XII; and

    (ii) Should be classed as collaborative assistance because a 

continuing collaborative relationship between USAID, the host country, 

and the contractor is required from design through completion of the 

activity, and USAID, host country, and contractor participation in a 

continuing review and evaluation of the activity is essential for its 

proper execution.

    (2) Based upon this preliminary finding, the cognizant technical 

office shall establish an evaluation panel consisting of a 

representative of the cognizant technical office as chairman, a 

representative of the contracting officer, and any other representatives 

considered appropriate by the chairman to review the proposed activity 

for its appropriateness under the collaborative assistance method.

    (3) If supported by the panel's findings, the chairman will make a 

formal written determination that the collaborative assistance method is 

the appropriate contracting method for the Title XII activity in 

question.

    (d) Evaluation and selection. (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 section.

    (2) The evaluation panel shall:

    (i) Prepare evaluation and selection criteria;

    (ii) Prepare an initial source list of eligible institutions 

considered qualified to perform the proposed project; and

    (iii) Evaluate the list, using the evaluation criteria previously 

determined, for the purpose of making a written determination of the 

sources considered most capable of performing the project.

    (3) The chairman of the evaluation panel will prepare a memorandum 

requesting the contracting officer to prepare a request for expressions 

of interest from qualified sources and setting forth:

    (i) The formal determinations required by paragraph (c) of this 

section;

    (ii) The evaluation criteria which have been determined; and

    (iii) The recommended source list and the rationale therefor.

    (4) The contracting officer will prepare a request for an expression 

of interest (REI), containing sufficient information to permit an 

offeror to determine its interest in the project, and to discuss the 

project with USAID representatives, if appropriate. The REI should 

include a concise statement of the purpose of the activity, any special 

conditions or qualifications considered important, a brief description 

of the selection procedure and evaluation criteria which will be used, 

the proposed contract format, and any other information considered 

appropriate. The REI will be issued to the sources recommended by the 

panel, and to others, as appropriate; it will be synopsized, as required 

by FAR 5.201, and it will normally allow a minimum of 60 days for 

preparation of an expression of interest. Guidelines for preparation of 

expressions of interest are contained in attachment 1 to AIDAR appendix 

F.

    (5) The contracting officer will transmit all expressions of 

interest to the evaluation panel for evaluation and selection 

recommendation. The panel



[[Page 22]]



may conduct on site evaluations at its discretion, as part of the 

evaluation process.

    (6) The chairman of the evaluation panel will prepare a written 

selection recommendation with supporting justification, recommending 

that negotiations be conducted with the prospective contractor(s) 

selected by the evaluation panel. The selection recommendation shall be 

transmitted to the contracting officer together with the complete 

official file on the project which was being maintained by the 

evaluation panel.

    (7) The contracting officer will review the selection 

recommendation, obtain necessary cost and other data, and proceed to 

negotiate with the recommended sources.



[52 FR 6159, Mar. 2, 1987, as amended at 54 FR 28069, July 5, 1989; 55 

FR 6802, Feb. 27, 1990; 62 FR 40467, July 29, 1997; 62 FR 45334, Aug. 

27, 1997; 62 FR 47532, Sept. 9, 1997. Redesignated at 64 FR 16648, Apr. 

6, 1999]