5.301 General
Source: FAR 5.301 on acquisition.gov
FAR 5.301 requires contracting officers to publicly announce most contract awards over $25,000 via the GPE, with specific exceptions and strict timelines for certain international agreements.
Overview
FAR 5.301 outlines the general requirements for publicizing contract awards through the Governmentwide Point of Entry (GPE), such as SAM.gov. Contracting officers must synopsize certain contract awards and actions, primarily those exceeding $25,000, especially if covered by international agreements or likely to result in subcontracts. The section also details exceptions where public notice is not required, such as awards resulting from unsolicited research proposals, certain small business programs, perishable supplies, sole-source utility services, and specific orders under established contract vehicles. For acquisitions under the World Trade Organization Government Procurement Agreement or Free Trade Agreements, synopses must be published within 60 days of award. Additionally, justifications for awards made without full and open competition must be posted as specified.
Key Rules
- Synopsis Requirement
- Contract awards over $25,000, covered by trade agreements or likely to result in subcontracts, must be publicized via the GPE.
- Exceptions to Synopsis
- Certain awards (e.g., unsolicited research, SBIR, perishable goods, sole-source utilities, expert litigation services) are exempt from public notice.
- Timeliness for International Agreements
- Synopses for WTO GPA or Free Trade Agreement-covered acquisitions must be posted within 60 days of award.
- Posting of Justifications
- Justifications for non-competitive awards and certain orders must be posted per referenced FAR sections.
Responsibilities
- Contracting Officers: Determine when synopsis is required, ensure timely posting, and identify exceptions. Post justifications as required.
- Contractors: Be aware of public notice requirements and exceptions, especially for awards involving proprietary or innovative proposals.
- Agencies: Oversee compliance with publication and justification posting requirements.
Practical Implications
- Ensures transparency and competition in federal contracting.
- Contractors should monitor GPE postings for award opportunities and understand when exceptions apply.
- Failure to comply can result in protests or audit findings; understanding exceptions is crucial for sensitive or proprietary awards.
(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 the following:
(1) Contract awards exceeding $25,000 that are-
(i) Covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see subpart 25.4); or
(ii) 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.
(2) Certain contract actions greater than the simplified acquisition threshold as follows-
(i) Federal Supply Schedule (FSS) orders or Blanket Purchase Agreements supported by a limited-source justification (excluding brand name) in accordance with 8.405-6; or
(ii) Task or delivery orders awarded without providing fair opportunity in accordance with 16.505(b)(2).
(3) A notice is not required under this section if the notice would disclose the executive agency’s needs and the disclosure of such needs would compromise the national security.
(b) A notice is not required under paragraph (a)(1) of this section if-
(1) 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;
(2) The award results from a proposal submitted under the Small Business Innovation Development Act of 1982 (Pub. L. 97-219);
(3) The contract action is an order placed under subpart 16.5 or 8.4, except see paragraph (a)(2) of this section;
(4) The award is made for perishable subsistence supplies;
(5) The award is for utility services, other than telecommunications services, and only one source is available;
(6) 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
(7) 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.
(d) Posting is required of the justifications for-
(1) Contracts awarded using other than full and open competition in accordance with 6.305;
(2) FSS orders or Blanket Purchase Agreements with an estimated value greater than the simplified acquisition threshold and supported by a limited-sources justification (see 8.405-6(a)); or
(3) Task or delivery orders greater than the simplified acquisition threshold and awarded without providing for fair opportunity in accordance with 16.505(b)(2)(ii)(B) and (D).