[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR5.203]



[Page 88-89]

 

            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. 5.203  Publicizing and response time.



    Whenever agencies are required to publicize notice of proposed 

contract actions under 5.201, they must proceed as follows:

    (a) An agency must transmit a notice of proposed contract action to 

the GPE (see 5.201). All publicizing and response times are calculated 

based on the date of publication. The publication date is the date the 

notice appears on the GPE. The notice must be published at least 15 days 

before issuance of a solicitation except that, for acquisitions of 

commercial items, the contracting officer may--

    (1) Establish a shorter period for issuance of the solicitation; or

    (2) Use the combined synopsis and solicitation procedure (see 

12.603).

    (b) The contracting officer must establish a solicitation response 

time that will afford potential offerors a reasonable opportunity to 

respond to each proposed contract action, (including actions via FACNET 

or for which the notice of proposed contract action and solicitation 

information is accessible through the GPE), in an amount estimated to be 

greater than $25,000, but not greater than the simplified acquisition 

threshold; or each contract action for the acquisition of commercial 

items in an amount estimated to be greater than $25,000. The contracting 

officer should consider the circumstances of the individual acquisition, 

such as the complexity, commerciality, availability, and urgency, when 

establishing the solicitation response time.

    (c) Except for the acquisition of commercial items (see 5.203(b)), 

agencies shall allow at least a 30-day response time for receipt of bids 

or proposals from the date of issuance of a solicitation, if the 

proposed contract action is expected to exceed the simplified 

acquisition threshold.

    (d) Agencies shall allow at least a 30 day response time from the 

date of publication of a proper notice of intent to contract for 

architect-engineer services or before issuance of an order under a basic 

ordering agreement or similar arrangement if the proposed contract 

action is expected to exceed the simplified acquisition threshold.

    (e) Agencies must allow at least a 45-day response time for receipt 

of bids or proposals from the date of publication of the notice required 

in 5.201 for proposed contract actions categorized as research and 

development if the proposed contract action is expected to exceed the 

simplified acquisition threshold.



[[Page 89]]



    (f) Nothing in this subpart prohibits officers or employees of 

agencies from responding to requests for information.

    (g) Contracting officers may, unless they have evidence to the 

contrary, presume the notice was published one day after transmission to 

the GPE. This presumption does not negate the mandatory waiting or 

response times specified in paragraphs (a) through (d) of this section. 

Upon learning that a particular notice has not in fact been published 

within the presumed timeframes, contracting officers should consider 

whether the date for receipt of offers can be extended or whether 

circumstances have become sufficiently compelling to justify proceeding 

with the proposed contract action under the authority of 5.202(a)(2).

    (h) In addition to other requirements set forth in this section, for 

acquisitions covered by the World Trade Organization Government 

Procurement Agreement or a Free Trade Agreement (see subpart 25.4), the 

period of time between publication of the synopsis notice and receipt of 

offers must be no less than 40 days. However, if the acquisition falls 

within a general category identified in an annual forecast, the 

availability of which is published, the contracting officer may reduce 

this time period to as few as 10 days.



[50 FR 52430, Dec. 23, 1985, as amended at 51 FR 31425, Sept. 3, 1986; 

60 FR 34747, July 3, 1995; 60 FR 48236, Sept. 18, 1995; 61 FR 39192, 

July 26, 1996; 62 FR 263, Jan. 2, 1997; 62 FR 10710, Mar. 10, 1997; 63 

FR 58592, 58593, Oct. 30, 1998; 66 FR 27410, May 16, 2001; 68 FR 56678, 

Oct. 1, 2003; 69 FR 1053, Jan. 7, 2004; 69 FR 77872, Dec. 28, 2004]