[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: 48CFR5.205]



[Page 89-90]

 

            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:

    (1) Except when exempted by 5.202, contracting officers must 

transmit to



[[Page 90]]



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]