Synopses of proposed contract actions
Contracting officers may skip public synopsis requirements in cases of unusual and compelling urgency to prevent serious harm to the Government, but must justify and document this exception.
Overview
FAR 18.103 provides an exception to the standard requirement for public synopses of proposed contract actions. Specifically, when there is an unusual and compelling urgency and following the normal synopsis notice periods would result in serious injury to the Government, contracting officers are not required to submit a synopsis notice. This flexibility is intended to expedite acquisitions in emergency or urgent situations, allowing agencies to bypass standard public notification procedures to meet critical needs. The section references FAR 5.202(a)(2) for further details on this exception.
Key Rules
- Exception for Urgent Requirements
- Contracting officers may forgo the synopsis notice if complying with the notice period would seriously harm the Government due to unusual and compelling urgency.
- Reference to FAR 5.202(a)(2)
- The specific conditions and procedures for this exception are further detailed in FAR 5.202(a)(2).
Responsibilities
- Contracting Officers: Must determine and document the existence of unusual and compelling urgency and the potential for serious injury to the Government before bypassing the synopsis requirement.
- Contractors: Should be aware that some opportunities may not be publicly synopsized due to urgent Government needs.
- Agencies: Must ensure proper justification and documentation when using this exception and maintain oversight to prevent misuse.
Practical Implications
- This section exists to allow rapid procurement in emergencies or urgent situations where delays could harm the Government.
- It impacts daily contracting by enabling faster acquisition processes in critical scenarios, but requires careful justification and documentation.
- Common pitfalls include insufficient documentation of urgency or misuse of the exception, which can lead to compliance issues or protests.