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EDAR PART 3415--CONTRACTING BY NEGOTIATION


PART 3415--CONTRACTING BY NEGOTIATION


PART 3415--CONTRACTING BY NEGOTIATION

Subpart 3415.4--Solicitation and Receipt of Proposals and Quotations

Sec.

3415.406-3 Part II--Contract clauses.

3415.407 Solicitation provisions.

3415.413-2 Alternate II.

Subpart 3415.5--Unsolicited Proposals

3415.505 Content of unsolicited proposals.

3415.506 Agency Procedures.

Subpart 3415.9--Profit

3415.902 Policy.

AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).

SOURCE: 53 FR 19121, May 26, 1988, unless otherwise noted.

Subpart 3415.4--Solicitation and Receipt of Proposals and Quotations

3415.406-3 Part II--Contract Clauses.

The contracting officer shall insert the clause in 3452.215-33, Order of Precedence, in all contracts other than purchase orders. The contracting officer shall use this clause in lieu of the clause in FAR 52.215-33.

3415.407 Solicitation Provisions.

(a) The Freedom of Information Act (FOIA), 5 U.S.C. 552, may require ED to release data contained in an offeror's proposal even if the offeror has identified the data as restricted in accordance with the provision in FAR 52.215-12. The solicitation provision in 3452.215-70, Release of Restricted Data, informs offerors that ED is required to consider release of restricted data under FOIA and Executive Order 12600.

(b) The contracting officer shall insert the provision in 3452.215-70, in all solicitations that include a reference to FAR 52.215-12, Restriction on Disclosure and Use of Data.

3415.413-2 Alternate II.

The Department uses the Alternate II procedures in FAR 15.413-2.

Subpart 3415.5--Unsolicited Proposals

3415.505 Content of unsolicited proposals.

(a)-(c) [Reserved]

(d) Each unsolicited proposal must contain the following certification:

UNSOLICITED PROPOSAL CERTIFICATION BY OFFEROR

This is to certify, to the best of my knowledge and belief, that:

a. This proposal has not been prepared under Government supervision.

b. The methods and approaches stated in the proposal were developed by this offeror.

c. Any contact with employees of the Department of Education has been within the limits of appropriate advance guidance set forth in FAR 15.504.

d. No prior commitments were received from departmental employees regarding acceptance of this proposal.

Date:______________________________________

Organization:______________________________

Name:______________________________________

Title:_____________________________________

(This certification must be signed by a responsible person authorized to enter into contracts on behalf of the organization)

3415.506 Agency procedures.

(a) [Reserved]

(b)(1) The HCA is the contact point to coordinate the receipt and handling of unsolicited proposals.

(2) Offerors shall direct unsolicited proposals to the HCA.

Subpart 3415.9--Profit

3415.902 Policy.

(a) [Reserved]

(b) The contracting officer shall establish the profit or fee portion of the Government prenegotiation objective in accordance with 48 CFR Chapter 3, Part 315, Subpart 315.9 (Department of Health and Human Services Acquisition Regulation).

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