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04-59

Procurement Notice


February 16, 2011

ARCHITECT AND ENGINEERING SYNOPSIS 

 

PURPOSE:  This PN revises the NASA FAR Supplement (NFS) to remove reference to numbered notes for the architect and engineering synopses. 

 

BACKGROUND:  Federal Acquisition Circular 2005-24, published in the Federal Register on February 28, 2008, finalized FAR Case 2006-016.  FAR Case 2006-016 deleted all references to Numbered Notes in the FAR and Federal Business Opportunities (FedBizOpps) electronic publication. The prescriptions for Numbered Notes were deleted from the FAR in a former FAR case and transitioned from the Commerce Business Daily to FedBizOpps actions. This transition resulted in other synopses-related changes that were not captured in the associated FAR language revision.  Additionally, the transition to the electronic FedBizOpps publication for solicitation and other announcements rendered these Notes obsolete or outdated. FedBizOpps no longer supports Numbered Notes.

 

GUIDANCE:  Contracting officers should no longer use numbered notes in their synopses.  All contracting officers should work with the full text of statements as required by FAR 5.207 to ensure the information is clearly communicated.

 

ACQUISITIONS AFFECTED BY CHANGES:  This policy affects synopses.

 

ACTION REQUIRED BY CONTRACTING OFFICERS:  Contracting officers shall discontinue the use of numbered notes.

 

CLAUSE CHANGES:  None.

 

PARTS AFFECTED:  Part 1805.

  

REPLACEMENT PAGES:  You may use the enclosed pages to replace Part 1805 of the NFS.

 

TYPE OF RULE AND PUBLICATION DATE:  These changes do not have a significant affect beyond the internal operating procedures of NASA and do not have a significant cost or administrative impact on contractors or offerors.  Therefore they do not require codification in the Code of Federal Regulations (CFR) or publication for public comment.

 


HEADQUARTERS CONTACT:   Jamiel C. Commodore, Contract Management Division; (202) 358-0302, email: Jamiel.C.Commodore@nasa.gov.

 

         /s/           

William P. McNally

Assistant Administrator for Procurement

 

Enclosures

 

DISTRIBUTION LIST:

  PN List 

 

 



PART 1805

PUBLICIZING CONTRACT ACTIONS

 

TABLE OF CONTENTS

 

SUBPART     1805.1             DISSEMINATION OF INFORMATION

1805.101                                  Methods of disseminating information.

 

SUBPART     1805.2             SYNOPSES OF PROPOSED CONTRACTS

1805.207                                  Preparation and transmittal of synopses.

1805.207-70                            Synopses of Architect-Engineer Services.

 

SUBPART     1805.3             SYNOPSES OF CONTRACT AWARDS

1805.303                                  Announcement of contract awards.

1805.303-70                            Definitions.

1805.303-71                            Actions requiring Administrator Notification of Significant Contract Action (ANOSCA) and NASA Headquarters Public Announcement (PA).

1805.303-72                            Administrator Notification of Significant Contract Action

                                                  (ANOSCA) and NASA Headquarters Public Announcement (PA)

                                             procedures.

SUBPART     1805.4             RELEASE OF INFORMATION

1805.402                                 General public.

1805.403                                Requests from Members of Congress.

 

SUBPART     1805.5             PAID ADVERTISEMENTS

1805.502                                 Authority.

 

 

PART 1805

PUBLICIZING CONTRACT ACTIONS

 

Subpart 1805.1--Dissemination of Information

 

1805.101 Methods of disseminating information.

   (b)(4) For NASA policy regarding paid advertisements, see 1805.502.

 

Subpart 1805.2--Synopses of Proposed Contracts

 

1805.207 Preparation and transmittal of synopses.

(a)      Synopses shall be transmitted in accordance with 1804.570-2.

  (c)(14) Notices for non-competitive solicitations, including non-competitive follow-on actions to contracts initially awarded utilizing full and open competition, shall provide sufficient information regarding the proposed requirement to allow potential sources to determine whether they possess the requisite capabilities and to make an informed business decision regarding whether to respond.

 

1805.207-70  Synopses of Architect-Engineer Services.

   (a) Architect-Engineer Services.     

        (1)  Each notice publicizing the acquisition of architect-engineer services shall be headed "C.  Architect-Engineer Services."

        (2)  In addition to meeting the requirements of FAR 5.207(c), the project description shall--

               (i)  State the relative importance the Government attaches to the significant evaluation criteria and the date by which responses to the notice must be received, including submission of Standard Form 330, Part I – Contract Specific Qualifications, if required;

               (ii) Describe any specialized qualifications, security classifications, and limitations on eligibility for consideration;

               (iii) Describe qualifications or performance data required from architect-engineer firms; and

               (iv)  If the acquisition is to be set aside for small business, state this fact, indicating the specific size standard to be used and requiring that eligible responding firms submit a small business representation.

  

Subpart 1805.3--Synopses of Contract Awards

 

1805.303 Announcement of contract awards.

   (a)(i)  In lieu of the $3.5 million threshold cited in FAR 5.303(a), a NASA Headquarters public announcement is required for award of contract actions that have a total anticipated value,

including unexercised options, of $5 million or greater.

 

1805.303-70 Definitions.

   “Anticipated values,” as used in this subpart, means:

   (a) The estimated value of the contract (including unexercised options),

   (b) The expected definitized value of a letter contract or undefinitized contract action; or

   (c) The maximum value of the basic contract for indefinite delivery contracts, time and material, labor hour, and similar contracts.

   "Contract actions," as used in this subpart, means new awards (including letter contracts).

 

1805.303-71 Actions requiring Administrator Notification of a Significant Contract Action (ANOSCA) and NASA Headquarters Public Announcements (PA).

   (a)(1) All contract actions, excluding the exercise of an option, with anticipated values of $25 million or greater require an Administrator Notification of a Significant Contract Action (ANOSCA). The exercise of an option does not require an ANOSCA unless it has been identified as having significant interest to NASA Headquarters.

       (2) All contract actions with an anticipated value, including unexercised options, of $5 million or greater require NASA Headquarters public announcements.  In addition, an option exercise $25 million or greater requires a NASA Headquarters public announcement.

        (3) If the contracting officer considers that a contract action or other action at any dollar amount is of significant interest to Headquarters or has agency public information implications, the NASA Headquarters Office of Procurement, Program Operations Division, should be contacted to discuss a possible ANOSCA and/or NASA Headquarters PA.  Examples of other actions include --

(i)    Terminations,

          (ii) Contract modifications,

          (iii) Exercise of options,

          (iv) Cost overrun modifications, or

          (v) Orders placed under single or multiple award contracts (including GSA).

   (b) Contract actions requiring an ANOSCA and/or Headquarters Public Announcement shall not be distributed nor shall any source outside NASA be notified of its status until the procedures in 1805.303-72 are completed.

 

1805.303-72  Administrator Notification of Significant Contract Action (ANOSCA) and NASA Headquarters Public Announcement procedures.

   (a)(1) The contracting officer shall send the information listed in items (a)(2) of this section to the Headquarters Office of Procurement, Program Operations Division via NASA Public Key Infrastructure (PKI) at least three (3) workdays prior to the planned public announcement.  The contracting officer shall contact the Program Operations Division by telephone immediately prior to the impending electronic transmission.  The contact must be “live”; leaving a voicemail is not sufficient, as there is no guarantee that a person so notified will be available to properly receive and handle the public announcement.

         (2) An ANOSCA and NASA Headquarters public announcement shall be submitted on the template located in the Virtual Procurement Office at http://procurement.nasa.gov/cgi-bin/vpo/vpo_matrix.cgi.

                                    (3) The Headquarters Office of Legislative Affairs will coordinate the date of public announcement with the Headquarters Office of Public Affairs.  The Headquarters Office of Public Affairs will then coordinate with the installation Public Affairs Office. 

        (i) The Headquarters Office of Legislative Affairs will coordinate the timing for notifying offerors with the contracting officer such that the offerors are notified prior to Congress, and Congress is notified prior to public announcement.

        (ii)  Installations may proceed with award and local release of the information after the Headquarters Office of Public Affairs makes the public announcement, which occurs at 5:00 PM ET on the agreed upon date, consistent with FAR 5.303.

  

Subpart 1805.4--Release of Information

 

1805.402  General public.

   (1)   Unless the head of the contracting activity determines that disclosure would be prejudicial to the interests of NASA, the following information on NASA acquisitions may be released:

          (i)  The names of firms invited to submit offers, and

          (ii) The names of firms that attended any pre-bid or pre-proposal conferences.

   (2)   Other requests for information under the Freedom of Information Act shall be processed in accordance with FAR 24.2 and 1824.2.

 

1805.403 Requests from Members of Congress.

   (a) All proposed replies to congressional inquiries shall be prepared and forwarded, with full documentation, to the Headquarters Office of Legislative Affairs for approval and release.

Subpart 1805.5--Paid Advertisements

 

1805.502  Authority.

   Use of paid advertisements for procurement purposes (except FBO announcements) is not authorized in NASA.