# PART 615—CONTRACTING BY NEGOTIATION

Authority: 22 U.S.C. 2651a, 40 U.S.C. 121(c) and 48 CFR chapter 1.

Source: 64 FR 43623, Aug. 11, 1999, unless otherwise noted.

Subpart 615.2—Solicitation and Receipt of Proposals and Information

615.204 Contract format.

615.205 Issuing solicitations.

615.205-70 Use of English language.

615.209-70 Examination of records.

Subpart 615.3—Source Selection

615.303 Responsibilities.

Subpart 615.4—Contract Pricing

615.404 Proposal analysis.

615.404-4 Profit.

Subpart 615.6—Unsolicited Proposals

615.604 Agency points of contact.

## Subpart 615.2—Solicitation and Receipt of Proposals and Information

### 615.204 Contract format.

(e) The Procurement Executive is the agency head's designee for the purposes of FAR 15.204(e).

### 615.205 Issuing solicitations.

(a) Contracting officers shall release copies of solicitation mailing lists in accordance with FAR 14.205–5(a). However, the list of those firms which actually submit proposals is not releasable. Requests for information other than solicitation mailing lists shall be handled under the Freedom of Information Act.

### 615.205-70 Use of English language.

The requirements of 614.201–70 also apply when contracting by negotiation.

### 615.209-70 Examination of records.

The contracting officer shall insert the clause at 652.215–70, Examination of Records, in all solicitations and contracts other than those described in Federal Acquisition Regulation 15.209(b)(1).

## Subpart 615.3—Source Selection

### 615.303 Responsibilities.

(a) The Procurement Executive is the agency head for the purposes of FAR 15.303(a). The HCA is delegated authority to appoint someone other than the contracting officer as source selection authority for a particular acquisition.

## Subpart 615.4—Contract Pricing

Source: 80 FR 6920, Feb. 9, 2015, unless otherwise noted.

### 615.404 Proposal analysis.

### 615.404-4 Profit.

(b)(2) It is the Department's policy to use the structured approach for profit/fee analysis contained in the Department of Health and Human Services' (HHS) FAR Supplement (see 48 CFR chapter 3), for acquisitions awarded by domestic contracting activities and RPSOs. This document may be accessed from A/OPE's Acquisition Web site (see 601.105–3). Contracting officers shall follow these procedures. HHS Form 674, Structured Approach Profit/Fee Objective, or an equivalent form, may be used to document the profit/fee analysis. If more than one pre-negotiation cost objective is developed (e.g., high and low), a separate form should be completed for each. The contracting officer shall ensure that a written explanation is attached to the form justifying the weights chosen for each cost category or factor. This approach considers the factors outlined in FAR 15.404–4(d).

(c)(4)(i)(B) In accordance with a delegation from OBO, overseas posts may request a waiver from A/OPE if post is unable to negotiate a price for architect-engineer services within the six percent price limitation. To obtain a waiver, the contracting officer must send the following information to A/OPE:

(1) Description of project;

(2) Estimated dollar amount, with cost breakdown; and,

(3) Description of negotiation efforts.

## Subpart 615.6—Unsolicited Proposals

### 615.604 Agency points of contact.

(a)(4) The contact points for unsolicited proposals are the heads of the contracting activities.