[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Pages 27407-27414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12244]
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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
[FAC 97-26; FAR Case 1997-304; Item I]
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: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to further
implement section 850 of the National Defense Authorization Act for
Fiscal Year 1998; and implement section 810 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001.
Section 850 calls for the use of cost-effective procedures and
processes that employ electronic commerce in the conduct and
administration of Federal procurement systems. This includes the
designation in the FAR of a single point of universal electronic public
access to Governmentwide procurement opportunities (the
``Governmentwide Point of Entry'' or ``GPE''). Section 810 allows
agencies to provide access to notices through the GPE, as designated in
the FAR, instead of publishing them via the Commerce Business Daily
(CBD).
This rule designates Federal Business Opportunities
(``FedBizOpps'') as the GPE. Agencies have until October 1, 2001, to
complete their transition to, or integration with, FedBizOpps. By that
date, all agencies must use FedBizOpps to provide access to public
notices of procurement actions over $25,000 that are currently required
to be published in the CBD along with associated solicitations and
amendments. In addition, agencies will not be required to provide
notice in the CBD as of January 1, 2002, since access to this
information will be provided on the Internet through FedBizOpps.
DATES: Effective Date: May 16, 2001.
Comment Date: Interested parties should submit comments to the FAR
Secretariat at the address shown below on or before July 16, 2001 to be
considered in the formulation of a final rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVP), 1800 F Street, NW., Room 4035, Attn: Ms. Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: [email protected]
Please submit comments only and cite FAC 97-26, 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, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-26, FAR case 1997-304.
SUPPLEMENTARY INFORMATION:
A. Background
1. The First Interim Rule
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.
Section 850 amended Titles 10, 15, 40, and 41 of the United States Code
to eliminate the statutory preference for the Federal Acquisition
Computer Network (FACNET) computer architecture in conducting
transactions electronically. Towards this end, the first interim rule
revised the FAR to--
Promote the use of cost-effective procedures and processes
that employ electronic commerce in the conduct and administration of
Federal procurement systems; and
Require Federal procurement systems that employ electronic
commerce to apply nationally and internationally recognized standards
that broaden interoperability and ease the electronic interchange of
information.
The Councils received and considered public comments from 28
respondents that were used in the development of this second interim
rule.
2. The Proposed Rule--Designation of FedBizOpps
Section 850 calls for ``any notice of agency requirements or agency
solicitation for contract opportunities'' to be provided in a form that
allows ``convenient and universal user access through a single,
Government-wide point of entry.'' Subsequent to the consideration of
public comments on the first interim rule, the Office of Federal
Procurement Policy (OFPP) recommended that FedBizOpps (http://www.fedbizopps.gov) be designated as the GPE. The Councils published a
proposed rule in the Federal Register at 65 FR 50872, August 21, 2000,
to solicit public comments on the implementation of OFPP's
recommendation. The preamble to the proposed rule describes the
Government's objectives in designating a GPE (i.e., to create a central
point for electronic access to business opportunities, to follow the
commercial lead, and to facilitate re-engineering for sellers and
buyers) and how FedBizOpps meets these objectives.
The Councils received and considered public comments from 22
respondents. OFPP also reviewed the comments on the proposed
designation and continues to believe that FedBizOpps can most
effectively meet the Government's objectives, including improved and
enhanced access to information for businesses small and large. Among
other things, GSA and the agencies using FedBizOpps have sought to
shape FedBizOpps to take advantage of electronic tools that have
widespread commercial acceptance and interface with sellers' electronic
tools, and can adapt to new tools as they gain commercial acceptance.
FedBizOpps allows sellers and service providers to access and download
information through different commercial electronic means and business
applications, including web-based technology, bulk data feed, and push
technology through electronic mail (e-mail). This ability to
accommodate various business techniques means that sellers can choose
the means they find more suitable (i.e., direct or service-provider
[[Page 27408]]
enhanced) for gaining access to Federal business opportunities.
Some comments have urged greater reliance on the private sector in
providing access. The Government has a strong interest in ensuring
potential sources have reliable electronic access to notices of open
market contracting opportunities. For this reason, until more
standardized processes evolve to ensure more reliable and accurate
searches, it is appropriate for the Government to ensure access by
managing the technological architecture for doing so. In the future, it
may be possible for the Government to rely on sellers' use of
commercial tools to identify Government business opportunities without
the Government having to manage a technological architecture.
3. This Second Interim Rule
Public comments received in response to first interim rule and the
proposed rule were considered in drafting this second interim rule.
This rule designates FedBizOpps as the GPE. Agencies must make notices
of contracting opportunities that meet the criteria in FAR 5.101 and
5.201 accessible via FedBizOpps. In addition, the rule--
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
presolicitation 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 provide access to all applicable actions through
FedBizOpps by October 1, 2001. This phase-in period is designed to
better enable agencies to achieve a smooth transition to FedBizOpps.
This second interim rule also implements section 810, which was
enacted after publication of the proposed rule. Public comment is
specifically sought on this rule's implementation of section 810.
Section 810 amends section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act
(15 U.S.C. 637(e)). As amended, these provisions allow agencies to
provide access to their notices of solicitation either by transmitting
them to the GPE designated in the FAR or by publishing them in the
Commerce Business Daily (CBD) rather than mandating notice through the
CBD as had previously been required.
This rule establishes FedBizOpps (the designated GPE) as the
principal venue for procurement notices. As noted above, agencies must
begin transmitting notices to FedBizOpps no later than October 1, 2001.
Until January 1, 2002, agencies must also 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 duplication of notices transmitted to FedBizOpps in the CBD through
the end of calendar year 2001 will provide additional time for vendors
to become acclimated to FedBizOpps as the GPE. On and after January 1,
2002, agencies will no longer be required to provide duplicate notice
in the CBD and instead may rely exclusively on the mandatory notice in
FedBizOpps to provide the required access.
Since public comments received in response to the first interim
rule and the proposed rule have already been addressed, comments on the
issues unique to this second interim rule are especially requested.
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 interim rule
establishes FedBizOpps as the single GPE for all large and small
business entities accessing notices of proposed contract actions,
solicitations, and related procurement information. We have prepared an
Initial Regulatory Flexibility Analysis. The analysis is summarized as
follows:
The interim rule further implements section 850 of the National
Defense Authorization Act for Fiscal Year 1998, Pub. L. 105-85 and
section 810 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001, Pub. L. 106-398. Section 850 amends Titles
10, 15, 40, and 41 of the United States Code to eliminate the
preference for electronic commerce within Federal agencies to be
conducted on the Federal Acquisition Computer Network (FACNET)
computer architecture. Section 810 amends 41 U.S.C. 416 and 15
U.S.C. 637 to allow solicitation notices to be published via a
single point of entry on the Internet designated in the FAR or via
the Commerce Business Daily.
The objectives of the rule are (1) to designate a single point
of entry on the Internet, http://www.fedbizopps.gov, where agencies
will be required (as of October 1, 2001), to provide convenient and
universal public access to information on their procurement
opportunities, and (2) to permit electronic access to notices of
solicitation through the single point of entry as a substitute for
the currently required paper publication in the CBD beginning on
January 1, 2002.
The interim 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. The estimated purchase cost of a personal computer, modem,
software, telephone lines, and Internet access is $1,600. The
benefit of increased access to Federal contracting opportunities
should far outweigh these additional costs.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. There are no practical alternatives that will
accomplish the objectives of this rule.
The FAR Secretariat has submitted a copy of the IRFA to the Chief
Counsel for Advocacy of the Small Business Administration. Interested
parties may obtain a copy from the FAR Secretariat. The Councils will
consider comments from small entities concerning the affected FAR Parts
2, 4, 5, 6, 7, 9, 12, 13, 14, 19, 22, 34, 35, and 36 in accordance with
5 U.S.C. 610. Interested parties must submit such comments separately
and should cite 5 U.S.C. 601, et seq. (FAC 97-26, FAR case 1997-304),
in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the 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.
[[Page 27409]]
D. Determination To Issue an Interim Rule
The public has previously been given an opportunity to comment on
the proposed designation of FedBizOpps as the Governmentwide point of
entry (GPE). A determination has been made under the authority of the
Secretary of Defense (DoD), the Administrator of General Services
(GSA), and the Administrator of the National Aeronautics and Space
Administration (NASA) that urgent and compelling reasons exist to
promulgate the remainder of this interim rule (i.e., the ending on
January 1, 2002, of the mandatory forwarding of notices through the GPE
to the Commerce Business Daily (CBD)) without prior opportunity for
public comment. Permitting electronic notice of business opportunities
through the designated GPE as a substitute for the currently required
paper publication in the CBD is key to agencies' ability to realize the
efficiencies in electronic processes that justify agency investments in
these processes. This action is, therefore, necessary to reinforce
agency commitment to the use of electronic processes that provide
enhanced, user friendly vendor access to Federal business
opportunities. However, pursuant to Public Law 98-577 and FAR 1.501,
public comments received in response to this interim rule will be
considered in formulating the final rule.
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: May 10, 2001.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 5, 6, 7, 9,
12, 13, 14, 19, 22, 34, 35, and 36 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
definition ``Commerce Business Daily (CBD)''; revising the definition
``Federal Acquisition Computer Network (FACNET) Architecture''; and
adding the definition ``Governmentwide point of entry (GPE)'' to read
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.
* * * * *
Federal Acquisition Computer Network (FACNET) Architecture is a
Government system that provides user access, employs nationally and
internationally recognized data formats, and allows the electronic data
interchange of acquisition information between the private sector and
the Federal Government.
* * * * *
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
4.502 [Amended]
3.-4. Amend section 4.502 in paragraph (b)(4) by adding the word
``single'' after the word ``a'' the first time it is used; and by
removing ``single,'' which precedes ``Governmentwide''.
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.
For any requirement in the FAR to publish a notice, the contracting
officer may transmit the notice to the Commerce Business Daily (CBD) if
the contracting office lacks the capability to access the
Governmentwide point of entry (GPE) and the notice is issued prior to
October 1, 2001. Effective October 1, 2001, the contracting officer
must transmit all notices to the GPE.
7. Amend section 5.101 by removing the introductory paragraph and
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 GPE (see 5.201), unless covered by 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 response which, if timely received,
must be considered by the agency. The 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 instead of a notice, the
contracting officer may employ various methods of satisfying the
requirements of 5.207(d) and (g). For example, the contracting officer
may meet the requirements of 5.207(d) and (g) 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 Federal Acquisition
Computer Network (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 the 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
[[Page 27410]]
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
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 or
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; and
(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 who will 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 before January 1, 2002,
contracting officers must direct the GPE to forward the notice to the
CBD.
(3) When transmitting notices to FACNET, contracting officers must
ensure the notice is forwarded to the GPE. For notices published before
January 1, 2002, contracting officers must ensure that the notices are
forwarded by the GPE to the CBD.
(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,
Telephone (202) 512-1800.
10. Amend section 5.202 by revising paragraph (a)(13)(ii) to read
as follows:
5.202 Exceptions.
* * * * *
(a) * * *
(13) * * *
(ii) Will be made through a means that provides access to the
notice of proposed contract action through the GPE; and
* * * * *
11. Amend section 5.203 by revising the introductory text,
paragraphs (a), (b), (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 (see 5.201). All publicizing and response times are calculated
based on the date of publication. For notices published before January
1, 2002, the publication date is the date the notice is published in
the CBD. For notices published on or after January 1, 2002, the
publication date is the date the notice appears on the GPE. The notice
must be published 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 and solicitation procedure (see
12.603).
[[Page 27411]]
(b) The contracting officer must establish a solicitation response
time 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
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 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, the contracting
officer may reduce this time period to as few as 10 days.
12. Revise section 5.204 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). The contracting officer must
synopsize a proposed contract action before issuing any resulting
solicitation (see 5.201 and 5.203).
13. Revise section 5.205 to read as follows:
5.205 Special situations.
(a) Research and development (R&D) advance notices. Contracting
officers may transmit to the GPE advance notices of their interest in
potential R&D programs whenever market research does not produce 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 the action
is required by law. When transmitting notices to the GPE before January
1, 2002, contracting officers must direct the GPE to forward the notice
to the CBD.
(c) Special notices. Contracting officers may transmit to the GPE
special notices of procurement matters such as business fairs, long-
range procurement estimates, prebid or preproposal 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 a synopsis of 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 before January 1,
2002, contracting officers must direct the GPE to forward the notice to
the CBD. The notice must reference 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 notices. 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 before January 1, 2002,
contracting officers must direct the GPE to forward the notice to the
CBD.
(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 before January 1, 2002, contracting
officers must direct the GPE to forward the notice to the CBD. 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--
(1) Advising that the acquisition is being offered for competition
limited to eligible 8(a) concerns;
[[Page 27412]]
(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.
14. 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
established subcontracting plan goals:
* * * * *
15. 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 the newly designated paragraph (i). The revised text
reads 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 and Closing Response Date.
(11) Contact Point or 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 the
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.
* * * * *
Format Item and Explanation/Description of Entry
* * * * *
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.
16. Amend section 5.301 by revising the introductory text of
paragraph (a); by revising paragraphs (b)(7)(ii) 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) * * *
(ii) Was made through a means where access to the notice of
proposed contract action was provided through the GPE; and
* * * * *
(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 before January 1, 2002,
contracting officers must direct the GPE to forward the notice to the
CBD.
17. 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 action is
synopsized through the GPE or the solicitation is issued;
* * * * *
18. 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]
19. Amend section 6.303-2 in paragraph (a)(6) by removing ``CBD''.
PART 7--ACQUISITION PLANNING
20. 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.
* * * * *
(b) * * *
(1) Synopsizing the requirement through the Governmentwide point of
[[Page 27413]]
entry (GPE) in accordance with 5.205(e) until a reasonable number of
potential sources are identified. If necessary, a synopsis must be
submitted up to three times in a 90-day period with a minimum of 30
days between notices (but, when necessary to meet an urgent
requirement, this notification may be limited to a total of two notices
in a 30-day period with a minimum of 15 days between them); and
* * * * *
PART 9--CONTRACTOR QUALIFICATIONS
21. 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) a 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).
* * * * *
22. 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
23. Amend section 12.603 by revising paragraphs (a), (c)(2)(xv),
(c)(3), and (c)(4) to read as follows:
12.603 Streamlined solicitation for commercial items.
(a) When a written solicitation will be issued, the contracting
officer may use the following procedure to reduce the time required to
solicit and award contracts for the acquisition of commercial items.
This procedure combines the synopsis required by 5.203 and the issuance
of the solicitation into a single document. Section 5.207 limits
descriptions in the CBD to 12,000 textual characters (approximately
3\1/2\ single-spaced pages).
* * * * *
(c) * * *
(2) * * *
(xv) A statement regarding any applicable Numbered Notes.
* * * * *
(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 and 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 and solicitation.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
24. 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 revise the first sentence of paragraph (b)
to read as follows:
13.104 Promoting competition.
* * * * *
(b) If using simplified acquisition procedures and neither using
FACNET nor providing access to the notice of proposed contract action
and 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]
25. Amend section 13.105 in the introductory text of paragraph (a)
by removing ``shall'' and adding ``must'' in its place; in paragraph
(a)(1)(ii) by removing ``single, Governmentwide point of entry'' and
adding ``GPE'' in its place; in the first sentence of paragraph (b) by
removing ``synopsis/solicitation'' and ``adding synopsis and
solicitation'' in its place; and in the second sentence by removing
``such'' and adding ``these'' in its place.
PART 14--SEALED BIDDING
26. 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 Subpart 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).
27. 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(b)(1)).
PART 19--SMALL BUSINESS PROGRAMS
28. Amend section 19.202-2 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 (see subparts 5.2 and 5.3).
29. 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 ``in'' and ``Commerce Business
Daily'' and adding ``through'' and ``Governmentwide point of entry
(GPE)'' in their places, respectively; and
c. By revising the third and fourth sentences of paragraph (c) to
read as follows:
[[Page 27414]]
19.804-2 Agency offering.
* * * * *
(c) * * * All requirements, including construction, must be
synopsized through the GPE. For construction, the synopsis must include
the geographical area of the competition set forth in the SBA's
acceptance letter.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
30. 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]
31. 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
32. 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);
* * * * *
33. 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 before
January 1, 2002, contracting officers must direct the GPE to forward
the notice to the Commerce Business Daily.
* * * * *
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
34. 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. 01-12244 Filed 5-15-01; 8:45 am]
BILLING CODE 6820-EP-P