PART 935-RESEARCH AND DEVELOPMENT CONTRACTING
Sec.
935.010 Scientific and technical reports.
935.016 Research opportunity announcements.
935.016-1 Scope.
935.016-2 Applicability.
935.016-8 Selection of proposals.
935.070 Contract clauses.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 12016, Mar. 28, 1984, unless otherwise noted.
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935.010 Scientific and technical reports.
(c) All research and development contracts which require submission of scientific and technical reports, shall include an instruction requiring the contractor to submit all scientific and technical reports, and any other notices or reports relating thereto, to the following address: U.S. Department of Energy, Office of Scientific and Technical Information, P.O. Box 62, Oak Ridge, TN 37831. The phrase "any other notices or reports relating thereto" does not include notices or reports concerning administrative matters such as contract cost or financial data and information.
(d) Contractors shall be required to submit with each report a completed DOE Form 1332.15, "DOE and Major Contractor Recommendations for Announcement and Distribution of Documents," except when the contract is with an educational institution, in which case the contractor shall be required to submit with each report a completed DOE Form 1332.16, "University Contractor, Grantee and Cooperative Agreement Recommendations for Announcement and Distribution of Documents."
[56 FR 41965, Aug. 26, 1991]
935.016 Research opportunity announcements.
(a) FAR 35.016 sets forth the policies and procedures for contracting for research through the use of broad agency announcements as authorized by the Competition in Contracting Act of 1984 (CICA) (41 U.S.C. 259(b)(2)) and Federal Acquisition Regulation FAR 6.102(d)(2). Within DOE, broad agency announcements will be designated as Research Opportunity Announcements (ROAs).
(b) Research Opportunity Announcements are a form of competitive solicitation under which DOE's broad mission and program-level research objectives are defined; proposals which offer meritorious approaches to those objectives are requested from all offerors capable of satisfying the Government's needs; those proposals are evaluated by scientific or peer review against stated specific evaluation criteria; and selection of proposals for possible contract award is based upon that evaluation, the importance of the research to the program objectives, and funds availability.
(a) This section applies to all DOE Headquarters and field program organizations which, by virtue of their statutorily mandated mission or other such authority as may exist, support energy or energy-related research activities through contractual relationships.
(1) The ROA may be used as a competitive solicitation procedure through which DOE acquires basic and applied research in support of its broad mission and program-level research objectives, and these objectives may be best achieved through relationships where contractors pursue diverse and dissimilar solutions and approaches to scientific and technological areas related to DOE's missions and programs.
(2) The ROA shall not be used as a solicitation method when one or more of the following conditions exist:
(i) In accordance with the Federal Grant and Cooperative Agreement Act, Public Law 97-258, the principal purpose of the relationship will be assistance;
(ii) The purpose of the research is to accelerate the demonstration of the technical, operational, economic, or commercial feasibility and environmental acceptability of particular energy technologies, systems, subsystems, and components that would appropriately be acquired by Program Opportunity Notices (PONs) in accordance with 48 CFR 917.72;
(iii) The research is required in support of a specific project area within an energy program which appropriately would be acquired by Program Research and Development Announcements (PRDAs) in accordance with 48 CFR 917.73;
(iv) The research requirements can be sufficiently defined to allow the use of contracting by negotiation in accordance with FAR part 15;
(v) The purpose of the research is the acquisition of goods and services related to the development of a specific system or hardware acquisition; or,
(vi) Any funds to be obligated to a resulting contract will be used to conduct or support a conference or training activity.
(b) The following limitations are applicable to the use of ROAs:
(1) The use of broad agency announcements for the acquisition of that part of development not related to the development of a specific system or hardware is authorized by FAR 35.016(a). Notwithstanding that authorization, ROAs shall be used within DOE only to acquire basic and applied research.
(2) Proposals shall not be solicited from, and contracts shall not be awarded to, any specific entity which operates a Government-owned or -controlled research, development, special production, or testing establishment, such as DOE's management and operating contractor facilities, Federally Funded Research and Development Centers chartered by other agencies, or other such entities. This limitation shall not be used to preclude the parent organization of the entity operating the Government-owned or-controlled facility, its subsidiaries, other divisions, or other related business affiliates from proposing, or receiving awards, under DOE's ROA solicitations, provided that any proposed resources (personnel, facilities, and other resources) used in the management and operation of the Government-owned or -controlled facility have been approved for use in the ROA effort by the sponsoring agency.
935.016-8 Selection of proposals.
(a) After considering the evaluation findings, the importance of the proposed research to the program objectives, and funds availability, the Selection Official shall determine whether a specific proposal warrants selection for negotiation and award of a contract. The decision of the Selection Official shall be documented in writing and shall address, as appropriate, such issues as:
(1) The scientific and technical merit of the proposal in relation to the ROA evaluation criteria;
(2) The qualifications, capabilities, and experience of the proposed personnel; technical approach; facilities; and where applicable, cost participation by the offeror (or any combination of the above);
(3) The importance of the proposed research to the program objectives;
(4) Which areas of the proposal, whether in whole or in part, have been selected for funding, and the amount of that funding; and,
(5) Assurances that any other requirements which are imposed by statute, regulation, or internal directives relating to the specific research activities and which are properly the responsibility of the program office have been satisfied.
(b) Absent extenuating circumstances, selection decisions regarding any individual proposal should be made within six (6) months after receipt of the proposal. Proposals which have been evaluated may be accumulated to allow for a consolidated selection decision so long as not more than six (6) months have passed since the receipt of any of the proposals so accumulated.
(c) The cognizant DOE program official shall notify successful and unsuccessful offerors of any selection/non-selection decisions. These notices shall be made in writing promptly after the decision is made, and shall, at a minimum, state in general terms, the basis for the determination.
[61 FR 41702, Aug. 9, 1996]
Insert the clause at 952.235-70, Key Personnel, in research and development contracts under which performance is largely dependent on the expertise of specific key personnel. To prevent administrative burden, the list should be as limited as possible.