[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR5.205]

[Page 86-87]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 5_PUBLICIZING CONTRACT ACTIONS--Table of Contents
 
            Subpart 5.2_Synopses of Proposed Contract Actions
 
Sec.  5.205  Special situations.

    (a) Research and development (R&D) advance notices. Contracting 
officers may transmit to the GPE advance notices of their interest in 
potential R&D programs whenever market research does not produce a 
sufficient number of concerns to obtain adequate competition. Advance 
notices must not be used where security considerations prohibit such 
publication. Advance notices will enable potential sources to learn of 
R&D programs and provide these sources with an opportunity to submit 
information which will permit evaluation of their capabilities. 
Contracting officers must consider potential sources which respond to 
advance notices for a subsequent solicitation. Advance notices must be 
entitled ``Research and Development Sources Sought,'' cite the 
appropriate Numbered Note, and include the name and telephone number of 
the contracting officer or other contracting activity official from whom 
technical details of the project can be obtained. This will enable 
sources to submit information for evaluation of their R&D capabilities. 
Contracting officers must synopsize (see 5.201) all subsequent 
solicitations for R&D contracts, including those resulting from a 
previously synopsized advance notice, unless one of the exceptions in 
5.202 applies.
    (b) Federally Funded Research and Development Centers. Before 
establishing a Federally Funded Research and Development Center (FFRDC) 
(see Part 35) or before changing its basic purpose and mission, the 
sponsor must transmit at least three notices over a 90-day period to the 
GPE and the Federal Register, indicating the agency's intention to 
sponsor an FFRDC or change the basic purpose and mission of an FFRDC. 
The notice must indicate the scope and nature of the effort to be 
performed and request comments. Notice is not required where the action 
is required by law.
    (c) Special notices. Contracting officers may transmit to the GPE 
special notices of procurement matters such as business fairs, long-
range procurement estimates, prebid or preproposal conferences, 
meetings, and the availability of draft solicitations or draft 
specifications for review.
    (d) Architect-engineering services. Contracting officers must 
publish notices of intent to contract for architect-engineering services 
as follows:

[[Page 87]]

    (1) Except when exempted by 5.202, contracting officers must 
transmit to the GPE a synopsis of each proposed contract action for 
which the total fee (including phases and options) is expected to exceed 
$25,000.
    (2) When the total fee is expected to exceed $10,000 but not exceed 
$25,000, the contracting officer must comply with 5.101(a)(2). When the 
proposed contract action is not required to be synopsized under 
paragraph (d)(1) of this section, the contracting officer must display a 
notice of the solicitation or a copy of the solicitation in a public 
place at the contracting office. Other optional publicizing methods are 
authorized in accordance with 5.101(b).
    (e) Effort to locate commercial sources under OMB Circular A-76. 
When determining the availability of commercial sources under the 
procedures prescribed in subpart 7.3 and OMB Circular A-76, the 
contracting officer must not arrive at a conclusion that there are no 
commercial sources capable of providing the required supplies or 
services until publicizing the requirement through the GPE at least 
three times in a 90 calendar-day period, with a minimum of 30 calendar 
days between notices. When necessary to meet an urgent requirement, this 
may be limited to a total of two notices through the GPE in a 30 
calendar-day period, with a minimum of 15 calendar days between each.
    (f) Section 8(a) competitive acquisition. When a national buy 
requirement is being considered for competitive acquisition limited to 
eligible 8(a) concerns under subpart 19.8, the contracting officer must 
transmit a synopsis of the proposed contract action to the GPE. The 
synopsis may be transmitted to the GPE concurrent with submission of the 
agency offering (see 19.804-2) to the Small Business Administration 
(SBA). The synopsis should also include information--
    (1) Advising that the acquisition is being offered for competition 
limited to eligible 8(a) concerns;
    (2) Specifying the North American Industry Classification System 
(NAICS) code;
    (3) Advising that eligibility to participate may be restricted to 
firms in either the developmental stage or the developmental and 
transitional stages; and
    (4) Encouraging interested 8(a) firms to request a copy of the 
solicitation as expeditiously as possible since the solicitation will be 
issued without further notice upon SBA acceptance of the requirement for 
the section 8(a) program.

[66 FR 27411, May 16, 2001, as amended at 68 FR 43856, July 24, 2003; 68 
FR 56678, Oct. 1, 2003]