Sec. 711.002-70 Metric system waivers. 711.002-71 Solicitation provisions and contract clauses. AUTHORITY: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; 3 CFR, 1979 Comp., p. 435. 711.002-70 Metric system waivers. (a) Criteria. The FAR 11.002(b) requirement to use the metric system of measurement for specifications and quantitative data that are incorporated in or required by USAID contracts may be waived when USAID determines in writing that such usage is impractical or is likely to cause U.S. firms to experience significant inefficiencies or the loss of markets. (b) Authorization. (1) The USAID Metric Executive (as designated in ADS chapter 323), the contracting officer, and the USAID official who approves the procurement requirement are authorized to waive the metric requirement for one of the above reasons. The USAID Metric Executive is authorized to overrule a decision to grant a waiver, or to nullify a blanket waiver made by another approving official so long as a contractor's rights under an executed contract are not infringed upon. (2) A blanket waiver for a class of multiple transactions may be issued for a term not to exceed three years. (3) When a waiver will be based upon the adverse impact on U.S. firms, clearance from the USAID Metric Executive and the Office of Small and Disadvantaged Business Utilization (SDB) will be obtained prior to authorization. (c) Records and reporting. (1) The basis for each waiver and any plans to adapt similar requirements to metric specifications in future procurements should be documented in the contract file. (2) Each procurement activity will maintain a log of the waivers from the metric requirements which are authorized for its procurements. The logs shall list the commodity/service being procured, total dollar value of the procured item(s), waiver date, authorizing official, basis for waiver, and USAID actions that can promote metrication and lessen the need for future waivers. (3) Within 30 days of the closing of each fiscal year, each USAID/W procurement activity and each Mission will submit a copy of the metric waiver log for the year to the USAID Metric Executive. (Mission logs are to be consolidated in a Mission report for the procurement activity and for the nonprocurement activities maintaining such logs under the USAID Metric Transition Plan.) Repetitive purchases of commercially produced and marketed items and classes of items may be consolidated in reporting procurements that do not exceed $10,000 cumulatively during the reporting period. [57 FR 23321, June 3, 1992, as amended at 59 FR 33446, June 29, 1994. Redesignated and amended at 61 FR 39091, July 26, 1996. Redesignated and amended at 62 FR 40467, July 29, 1997] 711.002-71 Solicitation provisions and contract clauses. The contracting officer shall insert the clause at 752.211–70 in all USAID-direct solicitations and contracts. [57 FR 23321, June 3, 1992. Redesignated and amended at 61 FR 39091, July 26, 1996] (2) When an individual other than a Government employee, known as a non-Government evaluator (NGE), is selected to serve as a member of an USAID technical evaluation committee. (b) Prior to releasing proposals outside the Government for evaluation, the contracting officer shall obtain a signed and dated copy of a certification and agreement from each NGE and EAC substantially as follows: CERTIFICATION AND AGREEMENT FOR THE USE AND DISCLOSURE OF PROPOSALS With respect to proposals submitted in response to USAID solicitation no. the undersigned hereby agrees, and/or certifies, to the following: 1. I will use the proposals, and all information therein other than information otherwise available without restriction, for evaluation purposes only. I will safeguard the proposals, and will not remove them from the site at which the evaluation is conducted unless authorized by the Contracting Officer. In addition, I will not disclose them, or any information contained in them (other than information otherwise available without restriction), except as directed or approved by the Contracting Officer. 2. I will ensure that any authorized restrictive legends placed on the proposals by prospective contractors or subcontractors, or USAID, will be applied to any reproduction, or abstract of information, made by me. 3. Upon completing the evaluation, I will return all copies of the proposals, and any abstracts thereof, to the USAID office which initially furnished them to me. 4. Unless authorized by the contracting officer in advance in writing, I will not,— whether before, during, or after the evaluation-contact any prospective contractor or subcontractor, or their employees, representatives or agents, concerning any aspect of the proposal. 5. I have carefully reviewed my employment (past, present and under consideration) and financial interests, as well as those of my household family members. Based on this review, I certify, to the best of my knowledge and belief as of the date indicated below, that I either (1) have no actual or potential conflict of interest, personal or organizational, that could diminish my capacity to perform an impartial and objective evaluation of the proposals, or that might otherwise result in an unfair competitive advantage to one or more prospective contractors or subcontractors, or (2) have fully disclosed all such conflicts to the contracting officer, and will comply fully, subject to termination of my evaluation services, with any instructions by the contracting officer to mitigate, avoid, or neutralize conflicts(s). I understand that I will also be under a continuing obligation to disclose, and act as instructed concerning, such conflicts discovered at any time prior to the completion of the evaluation. Signature: Name Typed or Printed: Date: [60 FR 11912, Mar. 3, 1995, as amended at 62 FR 40467, July 29, 1997] Subpart 715.5-Unsolicited 715.502 Policy. (a) USAID encourages the submission of unsolicited proposals which contribute new ideas consistent with and contributing to the accomplishment of the Agency's objectives. However, the requirements for contractor resources are normally quite program specific, and thus widely varied, and must be responsive to host country needs. Futher, USAID's projects are usually designed in collaboration with the cooperating country. These factors can limit both the need for, and USAID's ability to use unsolicited proposals. Therefore, prospective offerors are encouraged to contact USAID to determine the Agency's technical and geographical requirements as related to the offeror's interests before preparing and submitting a formal unsolicited proposal. (b) USAID's basic policies and procedures regarding unsolicited proposals are those established in FAR 15.5 and this subpart. (c) For detailed information on unsolicited proposals, see 715.504; for initial contact point within USAID, see 715.506. 715.504 Advance guidance. (a) Information concerning USAID's policies for unsolicited proposals is available from the U.S. Agency for International Development, Office of Procurement, Evaluation Division, Room 1600H, SA-14, Washington, DC 20523-1435. (b) The information available concerns: (1) Contact points within USAID; (2) Definitions; (3) Characteristics of a suitable proposal; (4) Determination of contractor responsibility; (5) Organizational conflict of interest; (6) Cost sharing; and (7) Procedures for submission and evaluation of proposals. [49 FR 13240, Apr. 3, 1984, as amended at 50 FR 50302, Dec. 10, 1985; 52 FR 21058, June 4, 1987; 56 FR 2699, Jan. 24, 1991; 56 FR 67224, Dec. 30, 1991; 59 FR 33446, June 29, 1994] 715.506 Agency procedures and point of contact. Initial inquiries and subsequent unsolicited proposals should be submitted to the address specified in section 715.504 of this subpart. [56 FR 2699, Jan. 24, 1991] 715.506-1 Receipt, and initial review. USAID follows the policies and procedures established on FAR 15.506-1 and 15.506-2. Subpart 715.6-Source Selection 715.604 Responsibilities. 715.604-70 Responsibilities of USAID evaluation committees. (a) Establishment and composition of USAID evaluation committees. A technical evaluation committee shall be established for each proposed procurement. In each case, the committee shall be composed of a chair representing the cognizant technical office, a representative of the contracting office (who shall be a non-voting member of the committee), and representatives from other concerned offices as appropriate. (b) Technical evaluation procedures. (1) The contracting officer will receive all proposals and provide to the chair a listing and copies of the technical proposals and instructions for conducting the evaluation. (2) The chair will promptly call a meeting of the committee to evaluate the proposals received. The evaluation shall be based on the evaluation factors set forth in the solicitation document. (3) The chair shall prepare and provide to the contracting officer written documentation summarizing the results of the evaluation of each proposal, including an assessment of past performance information in accordance with FAR 15.608(a)(2) and section 752.209-70. The documentation shall include narrative justification of the evaluation results and shall reflect the requirements of FAR 15.608(a)(3). (4) The contracting officer is responsible for reviewing the documentation justifying the evaluation results to determine that it is adequate and complete. The contracting officer shall return a justification determined to be inadequate to the chair for revision. (5) No member of the USAID evaluation committee shall hold discussions with any offeror before or during the USAID evaluation committee's proceedings, nor shall any information about the proposals be provided to anyone not on the committee without first obtaining the contracting officer's consent. [61 FR 39091, July 26, 1996] 715.605 [Reserved] 715.613 Alternative source selection procedures. 715.613-70 Title XII selection procedure general. (a) General. The Deputy Administrator has determined, as provided in AIDAR 706.302–70(b)(3)(ii) that use of this Title XII source selection procedure is necessary so as not to impair or affect USAID's ability to administer Title XII of the Foreign Assistance Act. This determination is reflected in AIDAR 706.302–70(b)(4). This constitutes authority for other than full and open |