U.S. flag
          An official website of the United States Government  Main navigation
  

        

              Data Initiatives
                              Regulations
                                                                        Row 1
                                              FAR FAR
                              Smart Matrix Smart Matrix
                              Chapter 99 (CAS) Chapter 99 (CAS)
                              Row 2
                                              DFARS DFARS
                              DFARSPGI DFARSPGI
                              AFARS AFARS
                              DAFFARS DAFFARS
                              DAFFARS MP DAFFARS MP
                              DARS DARS
                              DLAD DLAD
                              NMCARS NMCARS
                              Row 3
                                              SOFARS SOFARS
                              TRANSFARS TRANSFARS
                              AGAR AGAR
                              AIDAR AIDAR
                              CAR CAR
                              DEAR DEAR
                              DIAR DIAR
                              DOLAR DOLAR
                              Row 4
                                              DOSAR DOSAR
                              DTAR DTAR
                              EDAR EDAR
                              EPAAR EPAAR
                              FEHBAR FEHBAR
                              GSAM/R GSAM/R
                              HHSAR HHSAR
                              HSAR HSAR
                              Row 5
                                              HUDAR HUDAR
                              IAAR IAAR
                              JAR JAR
                              LIFAR LIFAR
                              NFS NFS
                              NRCAR NRCAR
                              TAR TAR
                              VAAR VAAR
                              Tools
                                                                        Archives
                              Smart Matrix
                              Regulations Search
                              Acquisition Regulation Comparator (ARC)
                              Policy Network
                                                                        CAOC
                              CAAC
                              FAR Council
                              ISDC
 Breadcrumb
        Home
                            Regulations
                            HHSAR
                            PART 315 - CONTRACTING BY NEGOTIATION
        
                  HTML
HHSARPart Number: 315
        
                  

                                
                  
        Health and Human Services Acquisition Regulation
« PreviousNext »
PART 315 - CONTRACTING BY NEGOTIATION       Authority:                            5 U.S.C. 301; 40 U.S.C. 121(c)(2).          Source:                            80 FR 72151, Nov. 18, 2015, unless otherwise noted.                                       Subpart 315.2 - Solicitation and Receipt of Proposals and Information                                                         315.204-5 Part IV - Representations and instructions.                                                            315.208 Submission, modification, revision, and withdrawal of proposals.                                                                             Subpart 315.3 - Source Selection                                                         315.303-70 Policy.                                                            315.304 Evaluation factors and significant subfactors.                                                            315.305 Proposal evaluation.                                                                             Subpart 315.4 - Contract Pricing                                                         315.404 Proposal analysis.                                                            315.404-2 Information to support proposal analysis.                                                                             Subpart 315.6 - Unsolicited Proposals                                                         315.605 Content of unsolicited proposals.                                                            315.606 Agency procedures.                                                            315.606-1 Receipt and initial review.    **Parent topic:**  SUBCHAPTER C - CONTRACTING METHODS AND CONTRACT TYPESSubpart 315.2 - Solicitation and Receipt of Proposals and Information    315.204-5 Part IV - Representations and instructions.       (c) *Section M, Evaluation factors for award.*          (1)  			The requiring activity shall develop technical evaluation factors and submit them to the contracting officer as part of the acquisition plan or other acquisition request documentation for inclusion in a solicitation. The requiring activity shall indicate the relative importance or weight of the evaluation factors based on the requirements of an individual acquisition.          (2) Only a formal amendment to a solicitation can change the evaluation factors.315.208 Submission, modification, revision, and withdrawal of proposals.       (b) In addition to the provision in Federal Acquisition Regulation (FAR) 52.215-1, Instructions to Offerors - Competitive Acquisition, if the head of the contracting activity (HCA) determines that biomedical or behavioral research and development (R&D) acquisitions are subject to conditions other than those specified in FAR 52.215-1(c)(3), the HCA may authorize for use in competitive solicitations for R&D, the provision at 352.215-70, Late Proposals and Revisions. This is an authorized FAR deviation.          (2) When the provision at 352.215-70 is included in the solicitation and if the HCA intends to consider a proposal or proposals received after the exact time specified for receipt, the contracting officer, with the assistance of cost or technical personnel as appropriate, shall determine in writing that the proposal(s) meets the requirements of the provision at 352.215-70.Subpart 315.3 - Source Selection    315.303-70 Policy.       (a) If an operating division (OPDIV) is required by statute to use peer review for technical review of proposals, the requirements of those statutes, any implementing regulatory requirements, the Federal Advisory Committee Act, and as applicable, any approved Department of Health and Human Services Acquisition Regulation (HHSAR) deviation(s) from this subpart take precedence over the otherwise applicable requirements of this subpart.          (b) The statutes that require such review and implementing regulations are as follows: National Institutes of Health - 42 U.S.C. 289a, Peer Review Requirements and 42 CFR part 52h, Scientific Peer Review of Research Grant Applications and Research and Development Contract Projects; Substance Abuse and Mental Health Services Administration - 42 U.S.C. 290aa-3, Peer Review and Agency for Healthcare Research and Quality - 42 U.S.C. 299c-1, Peer review with respect to grants and contracts.315.304 Evaluation factors and significant subfactors.       When acquiring electronic and information technology supplies and services (EIT) using negotiated procedures, contracting officers shall comply with Section 508 of the Rehabilitation Act of 1973, as amended.315.305 Proposal evaluation.       (c) *Use of non-Federal evaluators.*          (1)  			Except when peer review is required by statute as provided in 315.303-70(a), decisions to disclose proposals to non-Federal evaluators shall be made by the official responsible for appointing Source Selection Evaluation Team members in accordance with OPDIV procedures. The avoidance of organizational and personal conflicts of interest must be taken into consideration when making the decision to use non-Federal evaluators.          (2) When a solicited proposal will be disclosed outside the Government to a contractor or a contractor employee for evaluation purposes, the following or similar conditions shall be part of the written agreement with the contractor prior to disclosure:          CONDITIONS FOR EVALUATING PROPOSALS          The contractor agrees that it and its employees, as well as any subcontractors and their employees (in these conditions, “evaluator”) will use the data (trade secrets, business data, and technical data) contained in the proposal for evaluation purposes only. The foregoing requirement does not apply to data obtained from another source without restriction. Any notice or legend placed on the proposal by either HHS or the offeror shall be applied to any reproduction or abstract provided to the evaluator or made by the evaluator. Upon completion of the evaluation, the evaluator shall return to the Government the furnished copy of the proposal or abstract, and all copies thereof, to the HHS office which initially furnished the proposal for evaluation. The evaluator shall not contact the offeror concerning any aspects of a proposal's contents.Subpart 315.4 - Contract Pricing    315.404 Proposal analysis.315.404-2 Information to support proposal analysis.       (a)(2) When some or all information sufficient to determine the reasonableness of the proposed cost or price is already available or can be obtained from the cognizant audit agency, or by other means including data obtained through market research (See FAR part 10 and HHSAR part 310) the contracting officer may request less-than-complete field pricing support (specifying in the request the information needed) or may waive in writing the requirement for audit and field pricing support by documenting the file to indicate what information will be used. When field-pricing support is required, contracting officers shall make the request through the HCA.Subpart 315.6 - Unsolicited Proposals    315.605 Content of unsolicited proposals.       (d) *Warranty by offeror.* To ensure against contacts between HHS personnel and prospective offerors that would exceed the limits of advance guidance set forth in FAR 15.604 and potentially result in an unfair advantage to an offeror, the prospective offeror of an unsolicited proposal must include the following warranty in any unsolicited proposal. Contracting officers receiving an unsolicited proposal without this warranty shall not process the proposal until the offeror is notified of the missing language and given an opportunity to submit a proper warranty. If no warranty is provided in a reasonable time, the contracting officer shall reject the unsolicited proposal, notify the offeror of the rejection, and document the actions in the file.          UNSOLICITED PROPOSAL          WARRANTY BY OFFEROR          This is to warrant 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 HHS personnel has been within the limits of appropriate advance guidance set forth in FAR 15.604; and,          (d) No prior commitments were received from HHS personnel regarding acceptance of this proposal.                                  Date:                                  Organization:                                  Name:                                  Title:                               (This warranty shall be signed by a responsible management official of the proposing organization who is a person authorized to contractually obligate the organization.)315.606 Agency procedures.       (a) The HCA is responsible for establishing procedures to comply with FAR 15.606(a).          (b) The HCA or designee shall be the point of contact for coordinating the receipt and processing of unsolicited proposals.315.606-1 Receipt and initial review.       (d) OPDIVs may consider an unsolicited proposal even though an organization initially submitted it as a grant application. However, OPDIVs shall not award contracts based on unsolicited proposals that have been rejected for grant awards due to lack of scientific merit.
« PreviousNext »
FavoriteX

      HHSAR Parts
            Regulations Hhsar Menu
  

        
      Index
                              300
                              301
                              302
                              303
                              304
                              305
                              306
                              307
                              308
                              309
                              310
                              311
                              312
                              313
                              314
                              315
                              316
                              317
                              319
                              322
                              323
                              324
                              326
                              327
                              328
                              330
                              331
                              332
                              333
                              334
                              335
                              336
                              337
                              339
                              342
                              352
                              353
                              370
                              371

      ×
        Data Initiatives
                                                              Regulations
                                                              Tools
                                              Archives
                                                              Smart Matrix
                                                              Regulations Search
                                                              Acquisition Regulation Comparator (ARC)
                                                              Policy Network
                                              CAO.gov
                                                        CAO Home
                                                              Council Member
                                                                    Large Agencies
                                                              Small Agencies
                                                              Council Defining Documents
                                                                    CAOC History
                                                              CAOC Charter
                                                              Civilian Agency Acquisition Council (CAAC)
                                                              Federal Acquisition Regulatory Council
                                                              Interagency Suspension and Debarment Committee (ISDC)
                                                              Search
 ˄ Top Sign up for FAR News

                            Share the FAR
                        Upper Footer Menu
  

        
      Useful Links
                              FAR Resources
                              Training
                              Acquisition Systems
            
                            **Contact Us/FAQs**
                        **Privacy and Security Notice**
                        **Accessibility Aids**
                        **Last Updated 03/29/2024**
 ACQUISITION.GOV
                An official website of the General Services Administration About GSA
                Accessibility support
                FOIA requests
                No FEAR Act data
                Office of the Inspector General
                Performance reports
                Privacy policy Looking for U.S. government information and services?
            Visit USA.gov
 «
    
    Tt