[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Proposed Rules]
[Pages 50872-50879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21182]
[[Page 50871]]
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Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 2, 4, 5, et al.
Federal Acquisition Regulation; Electronic Commerce in Federal
Procurement; Proposed Rule
Federal Register / Vol. 65, No. 162 / Monday, August 21, 2000 /
Proposed Rules
[[Page 50872]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 5, 6, 7, 9, 12, 13, 14, 19, 22, 34, 35, and 36
[FAR Case 1997-304]
RIN 9000-AI10
Federal Acquisition Regulation; Electronic Commerce in Federal
Procurement
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to designate FedBizOpps as the
single point of universal electronic public access to Governmentwide
procurement opportunities. Agencies will have until October 1, 2001, to
complete their transition to, or integration with, FedBizOpps. This
rule implements section 850 of the National Defense Authorization Act
for Fiscal Year 1998. The proposed rule also changes the public
notification requirements to allow greater electronic access to
information on Government acquisitions, including notices of upcoming
acquisition opportunities, notices of subcontracting opportunities, and
notices of contract awards.
DATES: Interested parties should submit comments in writing on or
before October 20, 2000, to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to: General Services Administration
FAR Secretariat (MVRS) 1800 F Street, NW, Room 4035 ATTN: Laurie Duarte
Washington, DC 20405.
Submit electronic comments via the Internet to: [email protected]
Please submit comments only and cite FAR case 1997-304 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202)
501-1758. Please cite FAR case 1997-304.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule was published in the Federal Register at 63 FR
58590, October 30, 1998, amending FAR Subpart 4.5 and making associated
changes to FAR Parts 2, 5, 13, 14, and 32 to implement Section 850 of
the National Defense Authorization Act for Fiscal Year 1998, Pub. L.
105-85. Section 850 amends Titles 10, 15, 40, and 41 of the United
States Code to eliminate the preference for electronic commerce within
agencies to be conducted on the FACNET computer architecture. The
interim rule--
Promotes the use of cost-effective procedures and
processes that employ electronic commerce in the conduct and
administration of Federal procurement systems; and
Requires Federal procurement systems that employ
electronic commerce to apply nationally and internationally recognized
standards that broaden interoperability and ease the electronic
interchange of information.
Public comments were received from 28 respondents. All comments
were considered in drafting this proposed rule. Subsequent to
publication of the interim rule, the Office of Federal Procurement
Policy proposed to designate FedBizOpps as the single Governmentwide
point of entry for accessing information on procurement actions. This
proposed rule changes the FAR to implement that recommendation.
FedBizOpps (in the process of being expanded for Governmentwide
usage) is the new name for the Electronic Posting System (EPS) that is
accessible via the Internet at http://www.fedbizopps.gov. Agencies must
make contracting opportunities that meet the criteria in FAR 5.101
accessible via FedBizOpps. Most public notices of procurement actions
over $25,000 are now published in the Commerce Business Daily. Under
the proposed rule, agencies would no longer furnish separate notices to
the CBD. Agencies would direct FedBizOpps to forward the information to
the CBD, using the current format prescribed for the electronic version
of CBD, Commerce Business Daily Network (CBDNet). The proposed rule
also--
Adds place of contract performance and set-aside status to
the required notice content;
Requires agencies to make accessible through FedBizOpps
other notices that are currently published in the CBD, such as pre-
solicitation notices and award notices supporting subcontracting
opportunities;
Requires agencies to make accessible via FedBizOpps most
solicitations and amendments associated with business opportunities
listed on the FedBizOpps website;
Permits contractors to publicize subcontracting
opportunities with the intent of supporting achievement of
subcontracting goals; and
Permits agencies to make accessible via FedBizOpps
information that allows potential offerors to better understand how
they can meet the Government's needs.
Agencies must be posting all applicable actions on the FedBizOpps
website by October 1, 2001. This phase-in period supports smooth
transition to a Governmentwide posting system.
In proposing to designate FedBizOpps, the Office of Federal
Procurement Policy (OFPP), in consultation with the Procurement
Executives Council (PEC), considered the electronic methods that have
been used in recent years to significantly increase access to
Government procurement opportunities. In addition to FedBizOpps, OFPP
considered CBDNet and the Federal Acquisition Computer Network
(FACNET). OFPP also examined suitable commercial alternatives.
The following were the OFPP objectives:
Create a central point for electronic access to business
opportunities. Through the central point, allow access to notices that
must now be published in the CBD, solicitations, and related
acquisition information, including information maintained at central
points or on agency websites.
Follow the commercial lead. Leverage the investment made
by the private sector, benefit from the market-driven economies and
innovation that commercial tools offer, and accommodate different
commercial electronic means for acquiring information.
Facilitate reengineering for sellers and buyers. For
sellers, provide ``one stop to business'' and a consistent process for
locating business opportunities. The Governmentwide point of entry must
be reliable and easy to use. For buyers, support streamlined
preparation and issuance of notices and solicitation information
without disrupting, eliminating or otherwise requiring the replacement
of current agency electronic commerce software.
Based on agencies' experiences to date with each of the above-
mentioned alternatives, OFPP believes that
[[Page 50873]]
FedBizOpps can most effectively meet the Government's objectives by--
Creating a central point for electronic access. FedBizOpps
hosts a wide variety of business documents, including notices,
solicitations, and other related acquisition information;
Creating an index of all business information at one
internet location for searching and downloading;
Allowing agencies to continue to select the most
appropriate posting option for their mission (i.e., posting at
FedBizOpps or posting at the agency website), since either achieves the
goal of access through a single point of entry;
Providing access through electronic tools that have
widespread commercial acceptance and interface with sellers' electronic
tools, and can adapt to new tools as they gain commercial acceptance;
Allowing potential offerors and service providers to
access and download information through a variety of commercial
electronic means and business applications, including web-based
technology, bulk data feeds, and push technology through electronic
mail (e-mail); and
Enabling sellers to choose the means (either direct or
service-provider enhanced) they find most suitable for gaining access
to Federal business opportunities.
For sellers--
Providing ``one stop'' access to business opportunities.
After identifying notices of interest, sellers may quickly access
related solicitation information through a direct link. When a seller
``clicks'' to the notice, they are also obtaining, through the
solicitation page, direct access to all solicitation and related
information electronically available at that time on the acquisition;
Easing the process for locating the information needed to
decide whether to pursue a business opportunity by presenting
information in consistent web page formats (i.e., the same user
interface) up to the point of browsing or downloading the solicitation.
This enhances sellers' familiarity and comfort in identifying business
opportunities for review;
Making notices of proposed contract actions available in a
standardized format, as required by FAR 5.207. (However, FedBizOpps
does not require a standardized format for solicitations, so that
agencies may maintain flexibility in formatting solicitations to
accommodate their individual processes and needs); and
Keeping business processes simple and flexible. Surveys
indicate that potential offerors generally find that FedBizOpps
provides easy, user friendly, and consistent access to business
opportunities. Users like FedBizOpps' automatic e-mail notification
feature because it provides information about contracting opportunities
for specific supplies or services or specified agencies and eliminates
the need for repeated searches to gain access to up-to-date
information.
For the Government--
Reengineering Government buyer practices. Surveys indicate
that FedBizOpps helps to streamline and eliminate transaction steps.
FedBizOpps can accommodate existing posting systems and contract
writing systems, allowing seamless integration. Notices and
solicitations can be posted on the Internet without any rekeying of
information. Agencies without their own posting system or a contract
writing system that integrates with FedBizOpps are serviced through an
easy web-based interface. According to the survey, this increases
agency efficiency;
Eliminating the need for individual websites. In the past,
agencies maintained individual web sites at each operating location.
When a buyer or contracting officer wanted to produce a business
opportunity, they would enter the notice information into CBDNet
through the Internet, and would give their solicitation document to a
``webmaster'' who would post the document to the Internet. Under
FedBizOpps, the buyer posts the notice information. It is forwarded to
CBDNet, and FedBizOpps posts the solicitation document via the Internet
FedBizOpps. This reduces process steps and eliminates the need for a
dedicated webmaster for this function; and
FedBizOpps is linked to the Procurement Marketing and Access
Network (PRO-Net), an Internet database of small businesses managed by
the Small Business Administration. This link increases small business
awareness of Government contracting opportunities.
This is a significant regulatory action and, therefore, was subject
to review under Section 6(b) of Executive Order 12866, Regulatory
Planning and Review, dated September 30, 1993. This rule is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The changes may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the proposed rule
establishes Federal Business Opportunities (FedBizOpps.gov) as the
single Governmentwide point of electronic entry (``GPE'') for all large
and small business entities accessing notices of proposed contract
actions, solicitations, and related procurement information. An Initial
Regulatory Flexibility Analysis (IRFA) has been prepared and will be
provided to the Chief Counsel for Advocacy for the Small Business
Administration. The analysis is summarized as follows:
The proposed rule establishes the Electronic Posting System
(EPS), to be renamed the Federal Business Opportunities
(FedBizOpps.gov), as the single Governmentwide point of electronic
entry (``GPE'') for accessing notices of proposed contract actions,
solicitations, and related procurement information. This action
implements section 30(c)(4) of the Office of Federal Procurement
Policy Act (41 U.S.C. 426(c)(4), that requires the designation of a
single point of entry to provide convenient and universal public
access to procurement opportunities Governmentwide.
The legal basis for the rule is Section 850 of Public Law 105-
85, codified at section 30 of the OFPP Act (41 U.S.C. 426).
The proposed rule will apply to all large and small entities
that do business or are planning to do business with the Government.
FedBizOpps is designed to be sufficiently versatile to allow sellers
and service providers to access and download information through
different commercial electronic means, including web-based
technology, bulk data feeds, and electronic mail. This versatility
will enable the more than 47,340 small and 29,200 large businesses
to have easy access to Government business opportunities.
The rule imposes no reporting, recordkeeping, or other
compliance requirements. Basic skill in operating a personal
computer with access to the internet is required to access the GPE
website (http://www.fedbizopps.gov). The estimated purchase cost of
a personal computer, modem, software, telephone lines, and internet
access is $1,600. To accommodate small and large businesses that may
not wish to access the GPE directly, FedBizOpps will make notices
available for paper publication in the CBD. In addition, FedBizOpps
will make available--in a daily bulk feed--business opportunity
information to value added networks and other service providers to
publish or otherwise provide information in either electronic or
paper form.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
Prior to the development of this proposed rule, the Office of
Federal Procurement Policy (OFPP), in consultation with the
Procurement Executives Council (PEC), considered the suitability of
various alternatives to satisfy the requirement of section 30 of the
OFPP Act to designate a GPE. OFPP focused its review on electronic
means that the Government has used in recent years to significantly
increase access to Government procurement opportunities. Thus, in
addition to FedBizOpps, consideration was given to CBDNet and the
Federal Acquisition Computer Network
[[Page 50874]]
(FACNET). OFPP also sought to determine if suitable commercial
alternatives presently exist to provide the single point of entry
function.
Alternatives to FedBizOpps demonstrated benefits, some
significant, over paper-based processes. However, when considering
the Government's objectives in the aggregate (i.e., creating a
central point for electronic access to business opportunities,
following the commercial lead, and facilitating reengineering for
sellers and buyers), the alternatives did not exceed the benefits of
FedBizOpps in serving as the GPE.
A copy of the IRFA may be obtained from the FAR Secretariat. The
Councils will consider comments from small entities concerning the
affected FAR parts in accordance with 5 U.S.C. 610. Comments must be
submitted separately and should cite 5 U.S.C 601, et seq. (FAR case
1997-304), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 2, 4, 5, 6, 7, 9, 12, 13, 14, 19,
22, 34, 35, and 36
Government procurement.
Dated: August 15, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR parts 2, 4, 5, 6,
7, 9, 12, 13, 14, 19, 22, 34, 35, and 36 be amended as set forth below:
1. The authority citation for 48 CFR parts 2, 4, 5, 6, 7, 9, 12,
13, 14, 19, 22, 34, 35, and 36 continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
2. Amend section 2.101 by adding, in alphabetical order, the
definitions ``Commerce Business Daily (CBD)'' and ``Governmentwide
point of entry (GPE)''; and in the definition ``Federal Acquisition
Computer Network (FACNET) Architecture'' by removing the last sentence.
The added text reads as follows:
2.101 Definitions.
* * * * *
Commerce Business Daily (CBD) means the publication of the
Secretary of Commerce used to fulfill statutory requirements to publish
certain public notices in paper form.
* * * * *
Governmentwide point of entry (GPE) means the single point where
Government business opportunities greater than $25,000, including
synopses of proposed contract actions, solicitations, and associated
information, can be accessed electronically by the public. The GPE is
located at http://www.fedbizopps.gov.
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4.501 [Amended]
3. Amend section 4.501 by removing the definition ``Single,
Governmentwide point of entry.''
4. Amend section 4.502 by revising paragraph (b)(4) to read as
follows:
4.502 Policy.
* * * * *
(b) * * *
(4) Include a single means of providing widespread public notice of
acquisition opportunities through the Governmentwide point of entry and
a means of responding to notices or solicitations electronically; and
* * * * *
5. Amend section 4.803 by revising paragraph (a)(4) to read as
follows:
4.803 Contents of contract files.
* * * * *
(a) * * *
(4) Synopsis of proposed acquisition as required by part 5 or a
reference to the synopsis.
* * * * *
PART 5--PUBLICIZING CONTRACT ACTIONS
6. Add section 5.003 to read as follows:
5.003 Governmentwide point of entry (GPE).
For any requirement in the FAR to publish a notice in the CBD
through the GPE, the contracting office may transmit the notice
directly to the CBD if the contracting office lacks the capability to
access the GPE and the notice is issued prior to October 1, 2001.
7. Amend section 5.101 by removing the introductory paragraph; and
by revising paragraph (a) to read as follows:
5.101 Methods of disseminating information.
(a) As required by the Small Business Act (15 U.S.C. 637(e)) and
the Office of Federal Procurement Policy Act (41 U.S.C. 416),
contracting officers must disseminate information on proposed contract
actions as follows:
(1) For proposed contract actions expected to exceed $25,000, by
synopsizing in the CBD (see 5.201). To satisfy this requirement,
contracting officers must use the GPE, except as provided in 5.003.
(2) For proposed contract actions expected to exceed $10,000, but
not expected to exceed $25,000, by displaying in a public place or by
any appropriate electronic means, an unclassified notice of the
solicitation or a copy of the solicitation satisfying the requirements
of 5.207(d) and (g). The notice must include a statement that all
responsible sources may submit a quotation which, if timely received,
must be considered by the agency. Such information must be posted not
later than the date the solicitation is issued, and must remain posted
for at least 10 days or until after quotations have been opened,
whichever is later.
(i) If solicitations are posted in lieu of a notice, various
methods of satisfying the requirements of 5.207(d) and (g) may be
employed. For example, the requirements of 5.207(d) and (g) may be met
by stamping the solicitation, by a cover sheet to the solicitation, or
by placing a general statement in the display room.
(ii) The contracting officer need not comply with the display
requirements of this section when the exemptions at 5.202(a)(1), (a)(4)
through (a)(9), or (a)(11) apply, when oral or FACNET solicitations are
used, or when providing access to a notice of proposed contract action
and solicitation through the GPE and the notice permits the public to
respond to the solicitation electronically.
(iii) Contracting officers may use electronic posting of
requirements in a place accessible by the general public at the
Government installation to satisfy the public display requirement.
Contracting offices using electronic systems for public posting that
are not accessible outside the installation must periodically publicize
the methods for accessing such information.
* * * * *
8. Revise section 5.102 to read as follows:
5.102 Availability of solicitations.
(a)(1) Except as provided in paragraph (a)(4) of this section, the
contracting officer must make available, through the GPE, solicitations
synopsized through the GPE, including specifications and other
pertinent information determined necessary by the contracting officer.
Transmissions to the GPE must be in accordance with the Interface
[[Page 50875]]
Description available via the Internet at http://www.fedbizopps.gov.
(2) The contracting officer is encouraged, when practicable and
cost effective, to make accessible through the GPE additional
information related to a solicitation.
(3) The contracting officer must ensure that solicitations
transmitted to FACNET are forwarded to the GPE to satisfy the
requirements of paragraph (a)(1) of this section.
(4) The contracting officer need not make a solicitation available
through the GPE when--
(i) Disclosure would compromise the national security (e.g., would
result in disclosure of classified information) or create other
security risks. The fact that access to classified matter may be
necessary to submit a proposal or perform the contract does not, in
itself, justify use of this exception;
(ii) The nature of the file (e.g., size, format) does not make it
cost effective or practicable for contracting officers to provide
access through the GPE;
(iii) The agency's senior procurement executive makes a written
determination that access through the GPE is not in the Government's
interest; or
(iv) The contracting office lacks the capability to access the GPE
and the synopsis is issued prior to October 1, 2001.
(b) When the contracting officer does not make a solicitation
available through the GPE pursuant to paragraph (a)(4) of this section,
the contracting officer--
(1) Should employ other electronic means (e.g., CD-ROM, electronic
mail) whenever practicable and cost effective. When solicitations are
provided electronically on physical media (e.g., disks) or in paper
form, the contracting officer must--
(i) Maintain a reasonable number of copies of solicitations,
including specifications and other pertinent information determined
necessary by the contracting officer (upon request, potential sources
not initially solicited should be mailed or provided copies of
solicitations, if available);
(ii) Provide copies on a ``first-come-first served'' basis, for
pickup at the contracting office, to publishers, trade associations,
information services, and other members of the public having a
legitimate interest (for construction, see 36.211); and
(iii) Retain a copy of the solicitation and other documents for
review by and duplication for those requesting copies after the initial
number of copies is exhausted.
(2) May require payment of a fee, not exceeding the actual cost of
duplication, for a copy of the solicitation document.
(c) In addition to the methods of disseminating proposed contract
information in 5.101(a) and (b), provide, upon request to small
business concerns, as required by 15 U.S.C. 637(b)--
(1) A copy of the solicitation and specifications. In the case of
solicitations disseminated by electronic data interchange,
solicitations may be furnished directly to the electronic address of
the small business concern;
(2) The name and telephone number of an employee of the contracting
office to answer questions on the solicitation; and
(3) Adequate citations to each applicable major Federal law or
agency rule with which small business concerns must comply in
performing the contract.
(d) When electronic commerce (see subpart 4.5) is used in the
solicitation process, availability of the solicitation may be limited
to the electronic medium.
(e) Provide copies of a solicitation issued under other than full
and open competition to firms requesting copies that were not initially
solicited, but only after advising the requester of the determination
to limit the solicitation to a specified firm or firms as authorized
under part 6.
(f) This section 5.102 applies to classified contracts to the
extent consistent with agency security requirements (see 5.202(a)(1)).
9. Revise section 5.201 to read as follows:
5.201 General.
(a) As required by the Small Business Act (15 U.S.C. 637(e)) and
the Office of Federal Procurement Policy Act (41 U.S.C. 416), agencies
must make notices of proposed contract actions available as specified
in paragraph (b) of this section.
(b)(1) For acquisitions of supplies and services, other than those
covered by the exceptions in 5.202 and the special situations in 5.205,
the contracting officer must transmit a notice to the GPE, for each
proposed--
(i) Contract action meeting the threshold in 5.101(a)(1);
(ii) Modification to an existing contract for additional supplies
or services that meets the threshold in 5.101(a)(1); or
(iii) Contract action in any amount when advantageous to the
Government.
(2) When transmitting notices to the GPE, contracting officers must
direct the GPE to forward the notice to the CBD to satisfy the
requirements of the Small Business Act and the Office of Federal
Procurement Policy Act to furnish notices for publication by the
Secretary of Commerce.
(3) When transmitting notices to FACNET, contracting officers must
ensure the notice is forwarded to the GPE. Contracting officers must
ensure that such notices are forwarded by the GPE to the CBD to satisfy
the requirements of the Small Business Act and the Office of Federal
Procurement Policy Act to furnish notices for publication by the
Secretary of Commerce.
(c) The primary purposes of the notice are to improve small
business access to acquisition information and enhance competition by
identifying contracting and subcontracting opportunities.
(d)(1) The GPE may be accessed via the Internet at http://www.fedbizopps.gov.
(2) Subscriptions to the CBD must be placed with the Superintendent
of Documents, Government Printing Office, Washington, DC 20402 (Tel.
202-512-1800).
10. Amend section 5.202 in paragraph (a)(13) by revising paragraph
(a)(13)(ii) and by removing (a)(13)(iii) to read as follows:
5.202 Exceptions.
* * * * *
(a) * * *
(13) * * *
(ii) Will be made through FACNET or another means that provides
access to the notice of proposed contract action through the GPE; and
permits the public to respond to the solicitation electronically; or
* * * * *
11. Amend section 5.203 by revising the introductory paragraph,
paragraphs (a), (b), and (e), the first sentence of paragraph (g), and
paragraph (h) to read as follows:
5.203 Publicizing and response time.
Whenever agencies are required to publicize notice of proposed
contract actions under 5.201, they must proceed as follows:
(a) An agency must transmit a notice of proposed contract action to
the GPE. The notice must be forwarded by the GPE, and published in the
CBD, at least 15 days before issuance of a solicitation except that,
for acquisitions of commercial items, the contracting officer may--
(1) Establish a shorter period for issuance of the solicitation; or
(2) Use the combined synopsis/solicitation procedure (see 12.603).
(b) The contracting officer must establish a solicitation response
time
[[Page 50876]]
that will afford potential offerors a reasonable opportunity to respond
to each proposed contract action, (including actions via FACNET or for
which the notice of proposed contract action and solicitation
information is accessible through the GPE), in an amount estimated to
be greater than $25,000, but not greater than the simplified
acquisition threshold; or each contract action for the acquisition of
commercial items in an amount estimated to be greater than $25,000. The
contracting officer should consider the circumstances of the individual
acquisition, such as the complexity, commerciality, availability, and
urgency, when establishing the solicitation response time.
* * * * *
(e) Agencies must allow at least a 45-day response time for receipt
of bids or proposals from the date of publication of the notice in the
CBD required in 5.201 for proposed contract actions categorized as
research and development if the proposed contract action is expected to
exceed the simplified acquisition threshold.
* * * * *
(g) Contracting officers may, unless they have evidence to the
contrary, presume that notice has been published 10 days (6 days if
electronically transmitted through the GPE or other means) following
transmittal of the synopsis to the CBD. * * *
(h) In addition to other requirements set forth in this section,
for acquisitions subject to NAFTA or the Trade Agreements Act (see
subpart 25.4), the period of time between publication of the synopsis
notice in the CBD and receipt of offers must be no less than 40 days.
However, if the acquisition falls within a general category identified
in an annual forecast, the availability of which is published in the
CBD and the GPE, the contracting officer may reduce this time period to
as few as 10 days.
12. Revise sections 5.204 and 5.205 to read as follows:
5.204 Presolicitation notices.
Contracting officers must provide access to presolicitation notices
through the GPE (see 15.201 and 36.213-2). Synopsizing of a proposed
contract action is required prior to issuance of any resulting
solicitation (see 5.201 and 5.203).
5.205 Special situations.
(a) Research and development (R&D) advance notices. Contracting
officers are encouraged to transmit to the GPE advance notices of their
interest in potential R&D programs whenever existing solicitation
mailing lists do not include 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. Potential sources which respond to advance
notices must be added to the appropriate solicitation mailing list for
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 action is
required by law. When transmitting notices to the GPE, contracting
officers must direct the GPE to forward the notice to the CBD to
satisfy the requirements of the Small Business Act and the Office of
Federal Procurement Policy Act to furnish notices for publication by
the Secretary of Commerce.
(c) Special notices. Contracting officers may transmit to the GPE,
special notices of procurement matters such as business fairs, long-
range procurement estimates, pre-bid/pre-proposal 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 the GPE each proposed contract action for which the total
fee (including phases and options) is expected to exceed $25,000. When
transmitting notices to the GPE, contracting officers must direct the
GPE to forward the notice to the CBD to satisfy the requirements of the
Small Business Act and the Office of Federal Procurement Policy Act to
furnish notices for publication by the Secretary of Commerce. Reference
must be made to the appropriate CBD Numbered Note.
(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 each. 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.
When transmitting notices to the GPE, contracting officers must direct
the GPE to forward the notice to the CBD to satisfy the requirements of
the Circular.
(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. When
transmitting notices to the GPE, contracting officers must direct the
GPE to forward the notice to the CBD to satisfy the requirements of the
Small Business Act and the Office of Federal Procurement Policy Act to
furnish notices for publication by the Secretary of Commerce. 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--
[[Page 50877]]
(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.
13. Amend section 5.206 by revising the introductory text of
paragraph (a) to read as follows:
5.206 Notices of subcontracting opportunities.
(a) The following entities may transmit a notice to the GPE, the
CBD, or both to seek competition for subcontracts, to increase
participation by qualified HUBZone small business, small, small
disadvantaged, and small women-owned business concerns, and to meet the
established subcontracting plan goals:
* * * * *
14. Amend section 5.207 by--
a. Redesignating paragraphs (a) through (h) as (b) through (i),
respectively, and by adding a new paragraph (a);
b. Revising newly designated paragraph (b);
c. Revising the introductory text of newly designated paragraph
(c), and adding under ``Format Item and Explanation/Description of
Entry'' item numbers 18 and 19; and
d. Revising newly designated paragraph (i) to read as follows:
5.207 Preparation and transmittal of synopses.
(a) Content. Each synopsis transmitted to the GPE or CBD must
address the following data elements, as applicable:
(1) Action Code.
(2) Date.
(3) Year.
(4) Government Printing Office (GPO) Billing Account Code.
(5) Contracting Office Zip Code.
(6) Classification Code.
(7) Contracting Office Address.
(8) Subject.
(9) Proposed Solicitation Number.
(10) Opening/Closing Response Date.
(11) Contact Point/Contracting Officer.
(12) Contract Award and Solicitation Number.
(13) Contract Award Dollar Amount.
(14) Contract Line Item Number.
(15) Contract Award Date,
(16) Contractor.
(17) Description.
(18) Place of Contract Performance.
(19) Set-aside Status.
(b) Transmittal--(1) GPE. Transmissions must be in accordance with
the Interface Description available via the Internet at http://www.fedbizopps.gov.
(2) CBD--(i) Electronic transmission. All synopses transmitted
electronically to the CBD, other than through the GPE (see 5.003), must
be in ASCII Code. Contact your agency's communications center for the
appropriate transmission instructions or services.
(ii) Hard copy transmission. When electronic transmission is not
feasible (see 5.003), synopses should be sent to the CBD via mail or
other physical delivery of hard copy and should be addressed to:
Commerce Business Daily, U.S. Department of Commerce, P.O. Box 77880,
Washington, DC 20013-8880.
(c) Format for the CBD. The contracting officer must prepare the
synopsis in the following style and format to assure timely processing
of the synopsis by the Commerce Business Daily.
* * * * *
18. Place of contract performance. (Include where applicable; where
not applicable, enter N/A.)
19. Set-asides. (Identify if the proposed acquisition provides for
a total or partial set-aside, a very small business set-aside, or a
HUBZone small business set-aside. If not a set-aside, enter N/A.)
* * * * *
(i) Cancellation of synopsis. Contracting officers should not
publish notices of solicitation cancellations (or indefinite
suspensions) of proposed contract actions in the GPE or CBD.
Cancellations of solicitations must be made in accordance with 14.209
and 14.404-1.
15. Amend section 5.301 by revising the introductory text of
paragraph (a); by revising paragraphs (b)(7) and (c); and by adding
paragraph (d) to read as follows:
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--
* * * * *
(b) * * *
(7) The contract action--
(i) Is for an amount not greater than the simplified acquisition
threshold; and
(ii) Was conducted by using FACNET or access to the notice of
proposed contract action was provided through the GPE and permitted the
public to respond to the solicitation electronically; or
* * * * *
(c) With respect to acquisitions subject to the Trade Agreements
Act, contracting officers must submit synopses in sufficient time to
permit publication in the CBD, through the GPE, not later than 60 days
after award.
(d) When transmitting notices to the GPE, contracting officers must
direct the GPE to forward the notice to the CBD to satisfy the
requirements of the Small Business Act and the Office of Federal
Procurement Policy Act to furnish notices for publication by the
Secretary of Commerce.
16. Amend section 5.404-1 by revising paragraph (b)(3)(iii) to read
as follows:
5.404-1 Release procedures.
* * * * *
(b) * * *
(3) * * *
(iii) More specific information relating to any individual item or
class of items will not be furnished until the proposed acquisition is
synopsized through the GPE or the solicitation is issued;
* * * * *
17. Revise section 5.404-2 to read as follows:
5.404-2 Announcements of long-range acquisition estimates.
Further publicizing, consistent with the needs of the individual
case, may be accomplished by announcing through the GPE that long-range
acquisition estimates have been published and are obtainable, upon
request, from the contracting officer.
PART 6--COMPETITION REQUIREMENTS
6.303-2 [Amended]
18. Amend section 6.303-2 in paragraph (a)(6) by removing ``CBD''.
PART 7--ACQUISITION PLANNING
19. Amend section 7.303 in paragraph (a) and the introductory text
of paragraph (b) by removing ``shall'' and adding ``must'' in their
place; and by revising paragraph (b)(1) to read as follows:
7.303 Determining availability of private commercial sources.
* * * * *
[[Page 50878]]
(b) * * *
(1) Synopsizing the requirement through the Governmentwide point of
entry (GPE) in accordance with 5.205(e); and
* * * * *
PART 9--CONTRACTOR QUALIFICATIONS
20. Amend section 9.204 in the introductory text of paragraph (a)
by removing ``shall''and adding ``must'' in its place; and by revising
paragraph (a)(1) to read as follows:
9.204 Responsibilities for establishment of a qualification
requirement.
* * * * *
(a) * * *
(1) Periodically furnish through the Governmentwide point of entry
(GPE) notice seeking additional sources or products for qualification
unless the contracting officer determines that such publication would
compromise the national security. When transmitting notices to the GPE,
contracting officers must direct the GPE to forward the notice to the
Commerce Business Daily (CBD) to satisfy the requirements of 10 U.S.C.
2319(d)(1)(A) and 41 U.S.C. 253c(d)(1)(A).
* * * * *
21. Amend section 9.205 by revising the introductory text of
paragraph (a) to read as follows:
9.205 Opportunity for qualification before award.
(a) If an agency determines that a qualification requirement is
necessary, the agency activity responsible for establishing the
requirement must urge manufacturers and other potential sources to
demonstrate their ability to meet the standards specified for
qualification and, when possible, give sufficient time to arrange for
qualification before award. The responsible agency activity must,
before establishing any qualification requirement, furnish notice
through the GPE. When transmitting notices to the GPE, contracting
officers must direct the GPE to forward the notice to the CBD to
satisfy the requirements of 10 U.S.C. 2319(d)(1)(A) and 41 U.S.C.
253c(d)(1)(A). The notice must include--
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
22. Amend section 12.603--
a. In the introductory text of paragraph (a) by removing ``Commerce
Business Daily (CBD)'';
b. By revising paragraph (a)(1);
c. In paragraph (a)(2) by removing ``CBD'';
d. In paragraph (c)(2)(xv) by removing ``Commerce Business Daily'';
and
e. By revising paragraphs (c)(3) and (c)(4) to read as follows:
12.603 Streamlined solicitation for commercial items.
(a) * * *
(1) Whether transmission is made directly to the Commerce Business
Daily (CBD) or through the Governmentwide point of entry (GPE), section
5.207 limits descriptions in the CBD to 12,000 textual characters
(approximately 3\1/2\ single-spaced pages).
* * * * *
(c) * * *
(3) Allow response time for receipt of offers as follows:
(i) Because the synopsis and solicitation are contained in a single
document, it is not necessary to publicize a separate synopsis 15 days
before the issuance of the solicitation.
(ii) When using the combined synopsis/solicitation, contracting
officers must establish a response time in accordance with 5.203(b)
(but see 5.203(h)).
(4) Publicize amendments to solicitations in the same manner as the
initial synopsis/solicitation.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
23. Amend the introductory paragraph of section 13.104 and the
introductory text of paragraph (a) by removing ``shall'' and adding
``must'' in their place; and by revising the first sentence of
paragraph (b) to read as follows:
13.104 Promoting competition.
* * * * *
(b) If using simplified acquisition procedures and not using either
FACNET or providing access to the notice of proposed contract action
and access to the solicitation information through the Governmentwide
point of entry (GPE), maximum practicable competition ordinarily can be
obtained by soliciting quotations or offers from sources within the
local trade area. * * *
* * * * *
13.105 [Amended]
24. Amend section 13.105 in the introductory text of paragraph (a)
by removing ``shall'' and adding ``must'' in its place; and in
paragraph (a)(1)(ii) by removing ``single, Governmentwide point of
entry'' and adding ``GPE'' in its place.
PART 14--SEALED BIDDING
25. Revise section 14.203-2 to read as follows:
14.203-2 Dissemination of information concerning invitations for bids.
(a) Procedures concerning display of invitations for bids in a
public place, information releases to newspapers and trade journals,
paid advertisements, and synopsizing through the Governmentwide point
of entry (GPE) are set forth in 5.101 and 5.2.
(b) For procedures that apply to publicizing notices through the
GPE to determine whether commercial sources are available, as
prescribed by OMB Circular A-76, see 5.205(e) and 7.303(b).
26. Amend section 14.503-2 by revising paragraphs (a)(4) and (b) to
read as follows:
14.503-2 Step two.
(a) * * *
(4) Not be synopsized through the Governmentwide point of entry
(GPE) as an acquisition opportunity nor publicly posted (see 5.101(a)).
(b) The names of firms that submitted acceptable proposals in step
one will be listed through the GPE for the benefit of prospective
subcontractors (see 5.207(a)(1)).
PART 19--SMALL BUSINESS PROGRAMS
27. Amend section 19.202-2 in the introductory paragraph by
removing ``shall'' and adding ``must'' in its place; and by revising
paragraph (c) to read as follows:
19.202-2 Locating small business sources.
* * * * *
(c) Publicize solicitations and contract awards through the
Governmentwide point of entry (GPE) (see subparts 5.2 and 5.3).
28. Amend section 19.804-2--
a. In the first sentence of the introductory text of paragraph (a)
by removing ``shall'' and adding ``must'' in its place;
b. In paragraph (a)(9) by removing ``Commerce Business Daily'' and
adding ``Governmentwide point of entry (GPE)'' in its place; and
c. By revising the third and fourth sentences of paragraph (c) to
read as follows:
19.804-2 Agency offering.
* * * * *
(c) * * * All requirements, including construction, must be
synopsized through the GPE. For construction, the synopsis must include
the geographical
[[Page 50879]]
area of the competition set forth in the SBA's acceptance letter.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
29. Amend section 22.1009-4 in paragraph (a) by removing ``shall''
and adding ``must'' in its place; and by revising the introductory text
of paragraph (b) to read as follows:
22.1009-4 All possible places of performance not identified.
* * * * *
(b) Include the following information in the notice of contract
action (see 5.207(g)(4)):
* * * * *
PART 34--MAJOR SYSTEM ACQUISITION
34.005-2 [Amended]
30. Amend section 34.005-2 in paragraph (a)(1) by removing
``publication in the Commerce Business Daily'' and adding ``publicizing
through the Governmentwide point of entry'' in its place.
PART 35--RESEARCH AND DEVELOPMENT CONTRACTING
31. Amend section 35.004 in the introductory text of paragraph (a)
by removing ``shall'' and adding ``must'' in its place; and by revising
paragraph (a)(1) to read as follows:
35.004 Publicizing requirements and expanding research and development
sources.
(a) * * *
(1) Early identification and publication of agency R&D needs and
requirements, including publicizing through the Governmentwide point of
entry (GPE) (see part 5);
* * * * *
32. Amend section 35.016 by revising paragraph (c) to read as
follows:
35.016 Broad agency announcement.
* * * * *
(c) The availability of the BAA must be publicized through the
Governmentwide point of entry (GPE) and, if authorized pursuant to
subpart 5.5, may also be published in noted scientific, technical, or
engineering periodicals. The notice must be published no less
frequently than annually. When transmitting a notice to the GPE,
contracting officers must direct the GPE to forward the notice to the
Commerce Business Daily to satisfy the requirement of the Small
Business Act and the Office of Federal Procurement Policy Act to
furnish notices for publication by the Secretary of Commerce.
* * * * *
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
33. Amend section 36.213-2 in the introductory text of paragraph
(b) by removing ``shall'' and adding ``must'' in its place; and by
revising paragraph (b)(9) to read as follows:
36.213-2 Presolicitation notices.
* * * * *
(b) * * *
(9) Be publicized through the Governmentwide point of entry in
accordance with 5.204.
[FR Doc. 00-21182 Filed 8-18-00; 8:45 am]
BILLING CODE 6820-EP-U