General
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.