2024: The FAR, Federal Acquisition Regulations - Part 5

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The FAR:
Federal Acquisition Regulations
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THE FAR

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2024 Webinar Series
THE FAR
THE FAR – PART 5

2024 Webinar Series
THE FAR
FAR PART #5:
Publicizing Contract Actions
SPEAKER: Connor Farrell
FIRM: Miller & Chevalier Chartered
EMAIL: cfarrell@milchev.com

Agenda
• Definitions
• Synopses of Proposed Contract Actions
• Required Elements
• Dollar Thresholds & Response Times
• Exceptions
• Availability of Solicitations
• Notice of Subcontracting Opportunities
• Synopses of Contract Awards
• Benefits of FAR Part 5

Definitions
• Contract action: An action resulting in a contract, including actions for
additional supplies or services outside the existing contract scope. FAR 5.001.
• Does not include action within the scope of the existing contract, such as contract modifications
issued pursuant to the Changes clause, funding, or other administrative changes.
• Governmentwide point of entry (GPE): The single point where Government
business opportunities can be accessed electronically by the public.
• Opportunities valued greater than $25,000
• Includes synopses of proposed contract actions, solicitations, and associated information
• GPE is located at www.sam.gov. FAR 5.201(d).

Synopses of Proposed Contract Actions
• As required by the Small Business Act and Office of Federal Procurement Policy Act,
agencies must make notices of proposed contract actions available. For acquisitions of
supplies and services, the contracting officer must transmit a notice to the GPE, for each
proposed:
• Contract action expected to exceed $25,000
• Modification to an existing contract for additional supplies or services expected to exceed
$25,000
• Contract action in any amount when advantageous to the Government
• Primary purpose of the notice is to improve small business access to acquisition
information and enhance competition by identifying contracting and subcontracting
opportunities.
FAR 5.201

Each synopsis transmitted to GPE must include:
(1) Action Code
(2) Date
(3) Year
(4) Contracting Office ZIP Code
(5) Product or Service Code
(6) Contracting Office Address
(7) Subject
(8) Proposed Solicitation Number
(9) Closing Response Date
(10) Contact Point or Contracting
Officer
(11) Contract Award and
Solicitation Number
(12) Contract Award Dollar Amount
(13) Line-Item Number
(14) Contract Award Date
(15) Contractor
(16) Description
(17) Place of Contract Performance
(18) Set-aside Status
FAR
5.207

Below $15,000: no publication requirements
Between $15,000 - $25,000
• Agencies must display in a public place, or by an appropriate and equivalent electronic means, a synopsis or the
actual solicitation for at least 10 days
• If a contracting officer posts a synopsis, then they must allow “a reasonable opportunity to respond” after issuing
the solicitation. FAR 5.101(a)(2).
• Considerations: complexity, commerciality, availability, and urgency
Between $25,000 - $250,000
• Notice of proposed contract action must be posted on GPE at least 15 days before issuance of a solicitation
• CO must establish a solicitation response time that affords offerors “a reasonable opportunity to respond”
Above $250,000 (Simplified Acquisition Threshold)
• Notice of proposed contract action must be posted on GPE at least 15 days before issuance of a solicitation
• CO must establish a solicitation response time of at least 30 days
Commercial items: CO may establish shorter periods for notice and response time or use the combined synopsis and
solicitation procedure (see FAR 12.603)

Exceptions to Notice Requirement:
• National Security
• Unusual and compelling urgency (FAR 6.302-2)
• Foreign government
• Authorized or required by statute (e.g., 8(a),
AbilityOne, FPI, HUBZone, WOSB)
• Utility services
• Orders placed under indefinite-delivery contracts (FAR
16.5)
• Small Business Innovation Development Act of 1982
• Unsolicited research proposal that demonstrates
unique and innovative concept
• Perishable subsistence supplies
• Industrial mobilization; engineering, developmental, or
research capability; or expert services (FAR 6.302-3)
• Public interest (FAR 6.302-7)
• Existing contract previously synopsized
• Proposed action by a Defense agency made and
performed outside the U.S., soliciting only local
sources
• Less than simplified acquisition threshold (currently
$250,000)
• Agency head determination
FAR 5.202

Oral Quotes
• If an agency issues an oral solicitation (as opposed to a written solicitation), it is not
required to comply with the public posting/display requirements. FAR 5.101(a)(2)(ii).
• Oral solicitations should only be used for non-complex requirements.
• FAR 13.106-1(c): Contracting officers shall solicit quotes orally to the maximum extent
practicable, if
• The acquisition does not exceed the simplified acquisition threshold;
• Oral solicitation is more efficient than soliciting through available alternatives; and
• Notice is not required under FAR 5.101.
• Oral solicitations may not be practicable for contract actions exceeding $25,000 unless
covered by an exception in 5.202.

• Presolicitations: COs must provide access to presolicitation notices
through the GPE. FAR 5.204.
• Special Notices: COs may transmit to the GPE special notices of
procurement matters such as business fairs, long-range procurement
estimates, preproposal conferences, and the availability of draft
solicitations and specifications. Special Notices. FAR 5.205(c).

Availability of Solicitations
• Solicitations: The contracting officer must also make solicitations available through the GPE, including
specifications, technical data, and other pertinent information determined necessary by the contracting
officer, unless:
• Disclosure would compromise the national security,
• Nature of the file (e.g., size, format) does not make it cost-effective or practicable, or
• Agency senior procurement executive written determination that access through GPE not in Government’s interest
• Brand-name justifications: if applicable, shall be included with the solicitation
• Small Business Concerns: the contracting officer must provide, upon request to small business
concerns:
• A copy of the solicitation and specifications,
• Contracting office POC, and
• Adequate citations to each applicable major Federal law or agency rule with which small business concerns must
comply in performing the contract.
• Other than Full & Open: the contracting officer must provide copies of a solicitation issued under other
than full and open competition to firms requesting copies that were not initially solicited.

Notices of Subcontracting Opportunities
• The following entities may transmit a notice to the GPE:
• A contractor awarded a contract exceeding $250,000 that is likely to result in the award of any
subcontracts.
• A subcontractor, at any tier, under a contract exceeding $250,000 that has a subcontracting
opportunity exceeding $15,000
• In order to:
• To seek competition for subcontracts,
• To increase participation by qualified SB, HUBZone, SDB, WOSB, VOSB, and SDVOSB
concerns, and
• To meet established subcontracting plan goals.
• Notice must describe (1) the business opportunity, (2) prequalification
requirements, and (3) where to obtain technical data needed to respond to the
requirement

Synopses of Contract Awards
• COs required to synopsize through the GPE:
• Contract awards exceeding $25,000 that are: (1) Covered by World Trade Organization
Government Procurement Agreement or a Free Trade Agreement, or (2) Likely to result in
the award of any subcontracts
• Contract awards exceeding $250,000 that are: (1) Federal Supply Schedule orders or
Blanket Purchase Agreements supported by a limited-source justification, or (2) Task or
delivery orders awarded without providing fair opportunity
• Various exceptions
• Justifications
• COs shall make information available on awards greater than $4.5M in
sufficient time for the agency to announce it by 5 p.m. EST on the day of
award.

Publicizing Multi-Agency Use Contracts
• Governmentwide database of contracts and other procurement instruments:
https://www.contractdirectory.gov/contractdirectory/
• Contracting officers must complete information in database within 10 days of award of
• Governmentwide acquisition contract (GWAC)
• Multi-agency contract
• Federal Supply Schedule (FSS) contract, or
• Any other procurement instrument intended for use by multiple agencies, including
blanket purchase agreements (BPAs) under FSS contracts

Release of Information
• A high level of business security must be maintained in order to preserve the integrity of the
acquisition process. When it is necessary to obtain information from potential contractors and
others outside the Government for use in preparing Government estimates, contracting officers
shall ensure that the information is not publicized or discussed with potential contractors.
• COs may make available maximum information to public, except:
• On plans that would provide undue or discriminatory advantage to private or personal interests;
• Received in confidence from an offeror;
• Otherwise requiring protection under Freedom of Information Act or Privacy Act; or
• Pertaining to internal agency communications (e.g., technical reviews, contracting authority or
other reasons, or recommendations referring thereto).
• To assist industry planning and to locate additional sources of supply, it may be desirable to
publicize estimates of unclassified long-range acquisition requirements.

Benefits of FAR Part 5
• Increases competition and broadens industry participation
• Drives cost savings
• Improves quality of products and services
• Increases the likelihood of efficiencies and innovations
• Enhances solutions and the industrial base
• Promotes fairness and openness leading to public trust
• Prevents waste, fraud, and abuse

Conclusion
• Maximizing competition and transparency
• Use publicization requirement to your advantage
• Notice of Contract Actions
• Notice of Contract Awards -> Subcontracting Opportunities
• At the same time, notice on GPE should not (typically) be first time
contractor learns of opportunity

2024 Webinar Series
THE FAR
THANK YOU FOR ATTENDING!
FAR PART #5:
Publicizing Contract Actions
SPEAKER: Connor Farrell
FIRM: Miller & Chevalier Chartered
EMAIL: cfarrell@milchev.com

2024 Webinar Series
THE FAR
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2024 Webinar Series
The FAR:
Federal Acquisition Regulations
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2024: The FAR, Federal Acquisition Regulations - Part 5

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2024: The FAR, Federal Acquisition Regulations - Part 5