[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Rules and Regulations]
[Page 17768-17769]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-15]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 15
[FAC 2001-22; FAR Case 2002-027; Item IV]
RIN 9000-AJ66
Federal Acquisition Regulation; Unsolicited Proposals
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement Section
834 of the Homeland Security Act of 2002 (Public Law 107-296). Section
834 adds new considerations concerning the submission, receipt,
evaluation, and acceptance or rejection of unsolicited proposals.
DATES: Effective Date: May 5, 2004.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Julia Wise, Procurement Analyst,
at (202) 208-1168. Please cite FAC 2001-22, FAR case 2002-027.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends the FAR to implement section 834 of the Homeland
Security Act of 2002 (Pub. L. 107-296). Section 834 adds new
considerations concerning the submission, receipt, evaluation, and
acceptance or rejection of unsolicited proposals. The rule will require
that a valid unsolicited proposal not address a previously published
agency requirement. It also requires that, before initiating a
comprehensive evaluation, the agency must determine that the proposal
contains sufficient cost-related or price-related information for
evaluation, and that it has overall scientific, technical, or
socioeconomic merit.
DOD, GSA, and NASA published a proposed rule in the Federal
Register at 68 FR 33330, June 3, 2003. A comment was received from one
respondent. The Councils considered the comment before agreeing to
publish the proposed rule as final. A summary of the comment and the
disposition follows:
Comment: The proposed language in FAR 15.606-1(a)(4), Receipt and
initial review, should be revised to more closely mirror the wording in
Section 834 as follows: ``Contains sufficient technical and cost
information including cost-related or price related factors for
evaluation.''
Response: The Councils do not concur. Proposals do not typically
include cost-related or price-related factors. Such factors are
developed by agencies in competitive acquisitions prior to soliciting
proposals and are used to assess the offeror's proposal and the
offeror's ability to perform the prospective contract successfully.
This allows all proposals to be evaluated for award based on the
identical factors. Inserting a requirement for proposals to contain
factors would likely create confusion between the competitive
[[Page 17769]]
selection process and the unsolicited proposal process. The addition of
the phrase ``and cost-related or price-related information'' instead of
``factors'' more clearly addresses the requirements of statute and is
consistent with established procedures for initial review of
unsolicited proposals.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because, while we have made
changes in accordance with plain language guidelines, we have not
substantively changed procedures for award and administration of
contracts.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 15
Government procurement.
Dated: March 26, 2004.
Laura Auletta,
Director, Acquisition Policy Division.
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Therefore, DoD, GSA, and NASA amend 48 CFR part 15 as set forth below:
PART 15--CONTRACTING BY NEGOTIATION
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1. The authority citation for 48 CFR part 15 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
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2. Amend section 15.603 by removing ``and'' from the end of paragraph
(c)(4); removing the period from the end of paragraph (c)(5) and adding
``; and'' in its place; and adding a new paragraph (c)(6) to read as
follows:
15.603 General.
* * * * *
(c) * * *
(6) Not address a previously published agency requirement.
* * * * *
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3. In section 15.606-1, amend paragraph (a) by--
0
a. Revising paragraph (a)(4);
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b. Redesignating paragraphs (a)(5) and (a)(6) as (a)(6) and (a)(7),
respectively; and
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c. Adding a new paragraph (a)(5). The revised and added text reads as
follows:
15.606-1 Receipt and initial review.
(a) * * *
(4) Contains sufficient technical information and cost-related or
price-related information for evaluation;
(5) Has overall scientific, technical, or socioeconomic merit;
* * * * *
[FR Doc. 04-7408 Filed 4-2-04; 8:45 am]