# Subpart 515.2 - Solicitation and Receipt of Proposals and Information

## 515.201 Exchanges with industry before receipt of proposals.

1. (a) The contracting officer must communicate and collaborate with industry prior to receipt of proposal to the maximum extent practicable. Vendor engagement is key in providing sound solutions in support of the GSA mission and the missions of the customers served by GSA while promoting opportunities for small business. Communication and collaboration tools can be found in the Vendor Communication Plan (http://www.gsa.gov/portal/content/105199).

2. (b) The contracting officer should partner with representatives of the Office of Small Business Utilization (OSBU) to structure opportunities for communicating and collaborating with industry.

## 515.204 Contract format.

1. (a) The uniform contract format is not required for leases of real property (See GSAM 570.116).

2. (b) The Senior Procurement Executive is the agency head's designee for the purposes of granting exemptions to the use of the Uniform Contract Format (see FAR 15.204(e).

## 515.208 Submission, modification, revision, and withdrawal of proposals.

### 515.208-70 Restrictions on disclosure or use of data.

If the contracting officer receives a proposal with more restrictive conditions than those in the provision at FAR 52.215-1(e), then the contracting officer should ask whether the offeror is willing to accept the conditions of the paragraph at FAR 52.215-1(e). If the offeror refuses, then the contracting officer must consult with legal counsel before deciding whether to accept the proposal as marked or return it. See also FAR 3.104-4(d) and FAR 27.404-5.]

## 515.209 Solicitation provisions and contract clauses.

### 515.209-70 Examination of records by GSA clause.

#### Clause for other than multiple award schedules

1. (a) Examination of records by GSA clause for other than multiple award schedule (MAS) contracts. Insert the clause at 552.215-70, Examination of Records by GSA, in all solicitations and contracts above the simplified acquisition threshold, including acquisitions of leasehold interests in real property, that meet any of the conditions listed below:

   1. Involve the use or disposition of Government-furnished property.

   2. Provide for advance payments, progress payments based on cost, or guaranteed loan.

   3. Contain a price warranty or price reduction clause.

   4. Involve income to the Government where income is based on operations under the control of the contractor.

   5. Include an economic price adjustment clause where the adjustment is not based solely on an established, third party index.

   6. Are requirements, indefinite-quantity, or letter type contracts as defined in FAR Part 16.

   7. Are subject to adjustment based on a negotiated cost escalation base.

   8. Contain the provision at FAR 52.223-4, Recovered Material Certification.

   9. The contracting officer may modify the clause at 552.215-70 to define the specific area of audit (e.g., the use or disposition of Government-furnished property). Office of General Counsel or the Office of Regional Counsel and the Assistant Inspector General for Auditing or Regional Inspector General for Auditing, as appropriate, must concur in any modifications to the clause.

2. (b) Insert the clause at 552.215-73, Notice, in all solicitations for negotiated procurements above the simplified acquisition threshold in accordance with FAR part 15.

## 515.210 Forms.

### 515.210-70 GSA Form 1602.

1. (a) The contracting officer may use GSA Form 1602, Notice Concerning Solicitation, to do any of the following:

   1. (1) Describe the type of contract, the duration of the contract, and the type of supplies or services being procured.

   2. (2) Direct the attention of prospective offerors to special requirements which, if overlooked, may result in rejection of the offer.

   3. (3) Highlight significant changes from previous solicitations covering the same supplies or services.

   4. (4) Include other special notices as appropriate.

2. (b) If GSA Form 1602 is not used, the contracting officer shall place notices and mandated paragraphs in Section L of the solicitation.