97-96
Procurement Notice
April 29, 2004
PUBLICIZING CONTRACT ACTIONS
Background: This PN combines the processes for Administrator notification of contract actions and the HQ public announcement procedures. Comments were received from several Centers stating that the current administrator notification process outlined in the NASA FAR Supplement is confusing. It also provides for the electronic transmission of encrypted information between the Contracting Officer and the Headquarters Office of Procurement.
ACQUISITIONS AFFECTED BY
CHANGES:
Contract actions of $25 million or greater.
ACTION REQUIRED BY
CONTRACTING OFFICERS: Contracting officers must comply with the
requirements for the development for Administrator notification documents and
draft press releases in accordance with the language in 1805.3.
CLAUSE CHANGES: None
PARTS AFFECTED: Changes are made in Parts 1805.
REPLACEMENT PAGES: You may
use the enclosed pages to replace Part 1805.
TYPE OF RULE AND PUBLICATION DATE: Not Applicable. This change does not have a significant effect beyond the internal operating procedures of the Agency or have a significant cost or administrative impact on contractors or offerors and therefore does not require codification in the Code of Federal Regulations (CFR) or publication for public comment.
HEADQUARTERS CONTACT: Yolande Harden, Code HK, (202) 358-1279, email: yharden@nasa.gov.
Tom Luedtke
Assistant Administrator for Procurement
Enclosures
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 and Federal Information
Processing Resources.
SUBPART
1805.3 SYNOPSES OF
CONTRACT AWARDS
1805.303 Announcement of contract awards.
1805.303-70 Definitions.NASA
Headquarters public announcement.
1805.303-71 Actions requiring Administrator’s
notice notification of
significant contract actions (ANOSCAs). and NASA Headquarters public announcement.
1805.303-72 Administrator
notification and NASA Headquarters public announcement 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.
(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 and Federal Information Processing Resources.
(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 255, Architect-Engineer and Related Services Questionnaire for Specific Project, 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.
(3) Contracting officers shall add at the end of the synopsis:
See Note 24. Provisions of Note 24 apply to this notice except that (a) in the sentence beginning "Selection of firms for negotiations," the fourth additional consideration listed is changed to read: "(4) past experience, if any, of the firm with respect to performance on contracts with NASA, other Government agencies, and private industry;" and (b) in the last sentence, "National Aeronautics and Space Administration" is substituted for "Department of Defense."
(b) Federal Information Processing (FIP) Resources.
(1) When total requirement quantities are expected to satisfy the needs of only a single field installation, each notice publicizing the acquisition of FIP resources under an indefinite delivery/indefinite quantity contract or under a contract that includes options for additional quantities of such resources shall include the following:
The
_____ (identify contracting activity) is the primary delivery point
for the items described in this synopsis.
However, NASA may order delivery to the following alternate
locations:
____________________________________ (List other NASA installations and
their locations).
(2) When the contemplated contract will authorize orders from locations other than the awarding installation, the notice shall fully describe the ordering scope.
Subpart 1805.3--Synopses of Contract Awards
1805.303 Announcement of contract awards.
(a)(i) In lieu of the $3 million threshold cited in FAR 5.303(a), NASA Headquarters public announcement is required for award of contract actions that have a total anticipated value,
excluding
including
unexercised options, of $25 million or greater.
. This threshold applies to new awards,
contract modifications, and option exercises, but not to incremental funding or
cost overrun modifications.
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), new work contract modifications, or orders placed under multiple
award contracts.
(A) For undefinitized contract actions, the not-to-exceed (NTE) or
ceiling price value is the face value.
(B) For indefinite delivery, time and material, labor hour, and
similar contracts, the estimated amount of the basic contract is the face
value. Individual orders up to the face
value shall not be announced regardless of value. However, after the face value is reached, any subsequent
modifications or orders of $25 million or greater must be announced.
(ii) NASA
Headquarters public announcement is also required for award of a contract
action with a value of less than $25 million if the contracting officer
believes it to have Agency public information implications.
(iii) Contractual instruments requiring
Headquarters public announcement shall not be distributed nor shall any source
outside NASA be notified of their status until the public announcement
procedures in 1805.303-70 have been completed.
1805.303-70 NASA Headquarters public announcement.
(a) For
those contract actions requiring Headquarters public announcement in accordance
with 1805.303, the contracting officer shall furnish a draft news release
including the following information, through the installation Public Affairs
Office, via facsimile transmission to the Headquarters Office of Public
Affairs, News and Imaging Branch (Code PM):
(1) A
brief description of the work, including identification of the program and
project;
(2) Identification of the contract
action as either a new contract or additional work or services under an
existing contract;
(3) Contract
type. For undefinitized contract
actions, identify the planned contract type of the definitized instrument;
(4) The
dollar amount authorized for the instant action and the estimated total cost of
the contract if this is different. For
undefinitized contract actions, indicate the NTE or ceiling price amount;
(5) Name
and address (including zip code) of the contractor;
(6) Principal
work performance locations;
(7) Names
and addresses of any unsuccessful offerors.
(b) The
information in paragraph (a) of this section shall be provided to Code PM before
transmitting a letter contract to a contractor for signature. For actions other than letter contracts, the
information should be transmitted to Code PM after contractor signature, if
applicable, no later than 48 hours before the planned award.
(c) For
contract actions requiring Headquarters approval in accordance with 1804.72,
the draft news release required by paragraph (a) of this section shall be
provided to the Headquarters Office of Procurement (Code HS) with the request
for approval. Code HS will forward the
information to Code PM after approval.
1805.303-71 Actions requiring Administrator notification and
NASA Headquarters public announcements.Administrator’s
notice of significant contract actions (ANOSCAs).
(a)(1) All
contract actions with anticipated values of $25 million or greater (including
unexercised options) or an option exercise of $25 million or greater require
NASA Headquarters public announcements.
(2) Competitive contract actions with
anticipated values of $25 million or greater (including unexercised options)
require Administrator notification.
(3) Non-competitive contract actions with anticipated
values greater than $100 million (including unexercised options) require
Administrator notification.
(4) 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 (Code HS) should be contacted to
discuss possible Administrator notification and/or NASA Headquarters public
announcement. 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) Administrator notification and NASA Headquarters
public announcement is not required for individual orders placed under single
or multiple award contracts. However,
once the anticipated value is reached on these contracts, any subsequent
modifications or orders of $25 million or greater must be announced.
(c) Contract actions requiring Administrator
notification and/or Headquarters public announcement shall not be distributed
nor shall any source outside NASA be notified of their status until the
procedures in 1805.303-72 are completed.
(a) In
addition to the public announcement requirements described in 1805.303-70,
contracting officers shall notify the Administrator of the following
significant actions at least five (5) workdays prior to planned public
announcement of the actions:
(1) Planned
contract award for competitive acquisitions of $25 million or more, including
all priced options.
(2) Planned
contract award of non-competitive awards and new work modifications of $100
million or more, including all priced options.
(3) Planned award of other actions, to include
cooperative agreements resulting from a Cooperative Agreement Notice (CAN), at
any dollar value thought to be of significant interest to Headquarters.
(b) To
provide notification to the Administrator, the contracting officer shall send
the information listed in paragraphs (b)(1)-(10) of this section to the
Headquarters Office of Procurement (Code HS) via facsimile transmission
(202-358-4065). Immediately prior to
transmission, the contracting officer shall notify Code HS by telephone of the
impending transmission. In accordance
with FAR 3.104-5(c),
the contracting officer shall mark all pages that include source selection
information with the legend "SOURCE SELECTION INFORMATION - SEE FAR
3.104." The following information
shall be sent:
(1) Title
and a brief nontechnical description of the work, including identification of
the program or project;
(2) Identification
of the contract action as either a new contract or additional supplies or
services under an existing contract;
(3) Contract
type (including whether a cost contract is completion or level-of-effort). For undefinitized contract actions, identify
the planned contract type of the definitized instrument;
(4) The
total contract value for the instant action including all priced options. Also include the Government's most probable
cost. For undefinitized contract
actions, indicate the NTE or ceiling price amount;
(5) The
name, address, and business size status of the prime contractor and each major
(over $1M) subcontractor;
(6) Small
business and small disadvantaged business subcontracting goals both in dollars
and percentage of the value of the action including all options;
(7) Principal
work performance locations;
(8) Brief
description of any unusual circumstances;
(9) The
names and telephone numbers of the contracting officer and project manager; and
(10)
For competitive selections only,
provide on a separate attachment the names and addresses of all unsuccessful
offerors and a brief explanation of the general basis for the selection.
(c) The
field installation shall not proceed with any awards or announcements until
Code HS has advised that the Administrator has been notified of the proposed
action and the supporting information.
Once this advice is received from Code HS, the field installation shall
proceed with the public announcement procedures described in 1805.303-70.
1805.303-72 Administrator notification and NASA
Headquarters public announcement procedures.
(a) Administrator
notification procedures.
(1) The contracting officer shall send the
information listed in items (c)(1) through (10) of this section to the
Headquarters Office of Procurement (Code HS) via NASA Public Key Infrastructure
(PKI) or facsimile at least five (5) workdays prior to planned public
announcement. After October 1,
2004, facsimile will no longer be acceptable.
The
electronic transmittal must include the desired date for announcing the award
and the cognizant HQ Enterprise or funding organization. The contracting officer shall contact Code
HS 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
Administrator notification.
(2) In accordance with FAR 3.104-5(c), the
contracting officer shall mark all pages that include source selection
information with the legend “SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND
3.104.”
(3) The contracting
officer shall not proceed with any awards, contract modifications, orders or
announcements until Code HS confirms that the Administrator has been notified
of the proposed action and coordination identified in (b)(3) has occurred with
the Headquarters Office of Legislative Affairs regarding any required public
announcement.
(b) NASA HQ Public Announcement Procedures.
(1) After confirmation is received that the
Administrator has been notified of the proposed action, the contracting officer
shall develop a draft news release that includes the information listed in
(c)(1) through (8) of this section for those actions that require NASA
Headquarters public announcement. The
news release must be annotated with the legend “SOURCE SELECTION INFORMATION –
SEE FAR 2.101 AND 3.104”.
(2) The draft news release shall be provided to the
installation Public Affairs Office no later than 72 hours before the desired
public announcement, which will then coordinate with the Headquarters Office of
Public Affairs no later than 48 hours before the public announcement.
(3) The Headquarters Office of Legislative Affairs
(Code L) will coordinate the date of public announcement with the Headquarters
Office of Public Affairs (Code PM). The
Headquarters Office of Public Affairs will then coordinate with the
installation Public Affairs Office.
(i) Code L 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) Offerors should not
be notified until the coordination identified in 3(i) has occurred.
(iii) Installations may
proceed with award and local release of the information after Code PM makes the
public announcement, which occurs at 4:00 PM ET on the agreed upon date.
(4) Installations must request authorization from
the Assistant Administrator for Procurement (Code HS), who will then coordinate
an earlier release with the Headquarters Office of Public Affairs and the
Office of Legislative Affairs, if a public announcement and award earlier than
4:00 PM ET on the agreed upon date is considered appropriate (e.g., letter
contracts).
(5) The draft news
release required by paragraph (b)(1) of this section shall be provided to the
Headquarters Office of Procurement (Code HS) with the request for approval, for
contract actions requiring Headquarters approval in accordance with
1804.72.
(c) Administrator notification and NASA Headquarters
public announcement documentation requirements. The Administrator notification and NASA
Headquarters public announcement documents shall include the following
information –
(1) Title and
brief nontechnical description of the work, including identification of the
program, project and period of performance;
(2) Identification of the action (e.g. new
contract, contract modification, termination, exercise of an option, etc.);
(3) Contract
type. For undefinitized contract
actions, identify the planned contract type of the definitized instrument;
(4) Name and address (including 9-digit zip code)
and business size status of the prime contractor and each major subcontractor
greater than $1 million;
(5) The dollar amount authorized for the instant
action and the estimated total cost of the contract including all priced
options. For undefinitized contract
actions, indicate the NTE or ceiling price amount;
(6) Principal
work performance locations;