[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: 48CFR5.301]



[Page 92]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 5_PUBLICIZING CONTRACT ACTIONS--Table of Contents

 

                 Subpart 5.3_Synopses of Contract Awards

 

Sec. 5.301  General.





    (a) Except for contract actions described in paragraph (b) of this 

section and as provided in 5.003, contracting officers must synopsize 

through the GPE awards exceeding $25,000 that are--

    (1) Covered by the World Trade Organization Government Procurement 

Agreement or a Free Trade Agreement (see Subpart 25.4); or

    (2) Likely to result in the award of any subcontracts. However, the 

dollar threshold is not a prohibition against publicizing an award of a 

smaller amount when publicizing would be advantageous to industry or to 

the Government.

    (b) A notice is not required under paragraph (a) of this section 

if--

    (1) The notice would disclose the executive agency's needs and the 

disclosure of such needs would compromise the national security;

    (2) The award results from acceptance of an unsolicited research 

proposal that demonstrates a unique and innovative research concept and 

publication of any notice would disclose the originality of thought or 

innovativeness of the proposed research or would disclose proprietary 

information associated with the proposal;

    (3) The award results from a proposal submitted under the Small 

Business Innovation Development Act of 1982 (Pub. L. 97-219);

    (4) The contract action is an order placed under Subpart 16.5;

    (5) The award is made for perishable subsistence supplies;

    (6) The award is for utility services, other than telecommunications 

services, and only one source is available;

    (7) The contract action--

    (i) Is for an amount not greater than the simplified acquisition 

threshold;

    (ii) Was made through a means where access to the notice of proposed 

contract action was provided through the GPE; and

    (iii) Permitted the public to respond to the solicitation 

electronically; or

    (8) The award is for the services of an expert to support the 

Federal Government in any current or anticipated litigation or dispute 

pursuant to the exception to full and open competition authorized at 

6.302-3.

    (c) With respect to acquisitions covered by the World Trade 

Organization Government Procurement Agreement or a Free Trade Agreement, 

contracting officers must submit synopses in sufficient time to permit 

their publication in the GPE not later than 60 days after award.



[52 FR 19802, May 27, 1987, as amended at 53 FR 27463, July 20, 1988; 60 

FR 34747, July 3, 1995; 60 FR 42653, Aug. 16, 1995; 60 FR 49725, Sept. 

26, 1995; 63 FR 58593, Oct. 30, 1998; 64 FR 72418, Dec. 27, 1999; 66 FR 

27412, May 16, 2001; 68 FR 56679, Oct. 1, 2003; 69 FR 77872, Dec. 28, 

2004]