Subpart 1815.2—Solicitation and Receipt of

Proposals and Information

Parent topic: PART 1815—CONTRACTING BY NEGOTIATION

1815.203-72 Risk management.

In all RFPs for supplies or services for which a technical proposal is required, proposal instructions

shall require offerors to identify and discuss risk factors and issues throughout the proposal where

they are relevant, and describe their approach to managing these risks.

1815.207 Handling proposals and information.

1815.207-70 Release of proposal information.

(a) NASA personnel participating in any way in the evaluation may not reveal any information

concerning the evaluation to anyone not also participating, and then only to the extent that the

information is required in connection with the evaluation. When non-NASA personnel participate,

they shall be instructed to observe these restrictions.

(b)

(1) Except as provided in paragraph (b)(2) of this section, the procurement officer is the approval

authority to disclose proposal information outside the Government. If outside evaluators are

involved, this authorization may be granted only after compliance with FAR 37.2 and 1837.204,

except that the determination of unavailability of Government personnel required by FAR 37.2 is not

required for disclosure of proposal information to JPL employees.

(2) Proposal information in the following classes of proposals may be disclosed with the prior written

approval of a NASA official one level above the NASA program official responsible for the overall

conduct of the evaluation. If outside evaluators are involved, the determination of unavailability of

Government personnel required by FAR 37.2 is not required for disclosure in these instances.

(i) Proposals submitted in response to broad agency announcements such as Announcements of

Opportunity and NASA Research Announcements;

(ii) Unsolicited proposals; and

(iii) SBIR and STTR proposals.

(3) If JPL personnel, in evaluating proposal information released to them by NASA, require

assistance from non-JPL, non-Government evaluators, JPL must obtain written approval to release

the information in accordance with paragraphs (b)(1) and (b)(2) of this section.
1815.207-71 Appointing non-Government evaluators as

special Government employees.

(a) Except as provided in paragraph (c) of this section, non-Government evaluators, except

employees of JPL, shall be appointed as special Government employees.

(b) Appointment as a special Government employee is a separate action from the approval required

by paragraph 1815.207–70(b) and may be processed concurrently. Appointment as a special

Government employee shall be made by:

(1) The NASA Headquarters personnel office when the release of proposal information is to be made

by a NASA Headquarters office; or

(2) The installation personnel office when the release of proposal information is to be made by the

installation.

(c) Non-Government evaluators need not be appointed as special Government employees when they

evaluate:

(1) Proposals submitted in response to broad agency announcements such as Announcements of

Opportunity and NASA Research Announcements;

(2) Unsolicited proposals; and

(3) SBIR and STTR proposals.

1815.208 Submission, modification, revision, and withdrawal

of proposals. (NASA supplements paragraph (b))

(b) The FAR late proposal criteria do not apply to Announcements of Opportunity, NASA Research

Announcements, and Small Business Innovative Research (SBIR) Phase I and Phase II solicitations,

and Small Business Technology Transfer (STTR) solicitations. For these solicitations, proposals or

proposal modifications received from qualified firms after the latest date specified for receipt may be

considered if a significant reduction in cost to the Government is probable or if there are significant

technical advantages, as compared with proposals previously received. In such cases, the project

office shall investigate the circumstances surrounding the late submission, evaluate its content, and

submit written recommendations and findings to the selection official or a designee as to whether

there is an advantage to the Government in considering it. The selection official or a designee shall

determine whether to consider the late submission.

1815.209 Solicitation provisions and contract clauses.

(NASA supplements paragraph (a))

(a) The contracting officer shall insert FAR 52.215–1 in all competitive negotiated solicitations.
1815.209-70 NASA solicitation provisions.

(a) The contracting officer shall insert the provision at 1852.215–77, Preproposal/Pre-bid

Conference, in competitive requests for proposals and invitations for bids where the Government

intends to conduct a prepoposal or pre-bid conference. Insert the appropriate specific information

relating to the conference.

(b) When it is not in the Government's best interest to make award for less than the specified

quantities solicited for certain items or groupings of items, the contracting officer shall insert the

provision at 1852.214–71, Grouping for Aggregate Award. See 1814.201–670(b).

(c) When award will be made only on the full quantities solicited, the contracting officer shall insert

the provision at 1852.214–72, Full Quantities. See 1814.201–670(c).

(d) The contracting officer shall insert the provision at 1852.215–81, Proposal Page Limitations, in

all competitive requests for proposals.