Part 505—Publicizing Contract Actions

Subpart 505.1—Dissemination of Information

505.101  Methods of disseminating information.

(a) In Regions with a Business Service Center (BSC), you may post the notice required by FAR 5.101(a)(2) at the BSC.

(b) Use GSA’s Electronic Posting System (EPS) to issue each synopsis required by FAR Part 5 or GSAR 505. When synopsizing a solicitation, include the appropriate notice(s) required by 504.570(c) and (d).

(c) For acquisitions involving real property:

If the acquisition is not exempt under FAR 5.202 or GSAR 505.202, and…
Then you must publicize the proposed acquisition…
(1) The acquisition is for real property appraisal services estimated to cost $25,000 or more.
(1) Either:
(i) In local newspapers.
(ii) In the Commerce Business Daily (CBD) through the EPS.
(2) The acquisition is for leasehold interests in real property estimated to exceed 10,000 square feet (except lease construction on a preselected site).
(2) Either:
(i) In local newspapers.
(ii) In the CBD through the EPS.
(3) The acquisition is for a leasehold interest in a building to be constructed on a preselected site.
(3) In the CBD through the EPS.

(d) You may publicize proposed leases of 10,000 square feet or less in local newspapers if it will serve to promote competition.

Subpart 505.2—Synopses of Proposed Contract Actions

505.202  Exceptions.

The Administrator has determined under section 18(c)(3) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 416 (c)(3)) and Section 8(g)(3) of the Small Business Act, as amended (15 U.S.C. 644(g)(3)) that:

(a) Synopsizing in the CBD is not always appropriate for acquisitions of leasehold interests in real property (except lease construction on a designated site) or real property appraisal services. You may publicize such contract actions following the procedures in 505.101 and 505.203.

(b) It is not appropriate or reasonable to publish an advance notice of any of the following:

(1) Acquisitions of works of art, including the design, execution and installation of the artwork, under the Art-in-Architecture Program.

(2) Supplemental agreements to leases of real property involving any of the following:

(i) Expansion requests within the scope of a lease (See 570.403).

(ii) Lease extensions under the conditions defined in 570.405.

(iii) Building alterations within the scope of a lease (see 570.5).

505.203  Publicizing and response time.

(a) If you publicize in local newspapers under 505.101(c), ensure that the notice appears in local newspapers at least 3 calendar days before issuance of the solicitation. Except as provided in paragraph (b) of this section, allow at least these minimum response times:

(1) For leasehold interests in real property, 20 calendar days between solicitation issuance and the date established for receipt of initial offers.

(2) For real property appraisal services valued at less than either the Trade Agreements Act (TAA) threshold or the North American Free Trade Agreement (NAFTA) threshold, 10 calendar days between solicitation issuance and the date established for receipt of initial offers. The lower of the two thresholds governs.

(3) For real property appraisal services valued at or over the TAA threshold or the NAFTA threshold, 40 calendar days from when the notice appears to receipt of initial offers. If the acquisition falls in a general category identified in an annual forecast, the period may be reduced to as few as 10 days. The lower of the two thresholds governs.

(b) The following exceptions to the publicizing and response times in paragraph (a) of this section apply only to proposed acquisitions of leasehold interests in real property:

(1) For a proposed acquisition conducted using simplified lease acquisition procedures (see 570.2), consider the individual acquisition and establish a reasonable response time.

(2) In cases of urgency, provide as much time as possible and document the file.

505.270  Synopsis of amendments to solicitations.

Synopsize in the CBD any solicitation amendment when the amendment either:

(a) Increases the anticipated value of the proposed acquisition above the dollar threshold requiring synopsis.

(b) Alters the scope of the proposed acquisition so that increased interest of contractors can be reasonably anticipated.

Subpart 505.3—Synopses of Contract Awards

505.303  Announcement of contract awards.

Compliance with 505.303-70 fulfills the reporting requirements of FAR 5.303(a).

505.303-70  Notification of proposed substantial awards and awards involving congressional interest.

(a) Applicability. This subsection applies to any proposed award exceeding or estimated to exceed:

(1) 100,000 for a contract under the 8(a) program.

(2) 500,000 for a supply contract unless it involves any of the following:

(i) Motor vehicles.

(ii) Supplies with not readily identifiable points of origin.

(iii) Supplies with foreign production points.

(3) 500,000 for a design (Architect/Engineer) or construction contract.

(4) 100,000 for any other contract, or class of contract, if a Member of Congress has specifically requested notification of award to a contractor in their district or State.

(b) Notification Procedures.

(1) The Office of Congressional and Intergovernmental Affairs (S) will provide in writing to the HCA the names of Members of Congress who wish to be notified of any award under subparagraph (a)(4) of this subsection.

(2) Notify S either by:

(i) Electronic mail.

(ii) Facsimile.

(iii) Hand delivery.

(3) Except for awards under urgent and compelling circumstances, you must provide the notice to S on the day of award and 24 hours before telephonic notice (if applicable) is provided to the contractor. If you cannot meet this timeframe, the contracting director must telephonically notify S.

(4) For awards under subparagraph (a)(4) of this subsection, provide a copy of the notice to the Regional congressional liaison office.

(c) Contents of notice.

(1) Identify the contractor by name and address [including county and Congressional district, if known]. Include the contractor’s point of contact and telephone number.

(2) Identify the type of contract and contractor by using these codes:

For definite quantity contract
For schedule contract
For indefinite delivery contract other than schedules
For small business concern, other than HUBZone
For HUBZone small business concern
For small disadvantaged business concern, other than HUBZone
For women-owned small business concern
For other than a small business concern
For veteran-owned small business concern
For service-disabled veteran-owned small business concern

(3) Briefly describe the supplies or services acquired, the duration of the contract period, and the dollar value of the award.

(4) Include your name and telephone number.

(5) For definite quantity awards:

(i) Indicate the quantity and unit, in parentheses, and dollar value for each production point. If items have multiple but unspecified production points or the number of production points exceed 10, write “multiple” and indicate immediately after, in parentheses, the total number of production points.

(ii) If applicable, identify the receiving agency next to the applicable quantity and state if any portion is for overseas use.

(iii) If available, identify by name and telephone number a point-of-contact for each production point.

(6) If the award involves Congressional interest, include the following statement:

[Name of Congressman/Senator]
[Indicate State/District]
[Describe interest]”

(7) The notification to S will contain sensitive preaward information. Label the notice accordingly. S and regional Congressional liaison offices are responsible for the security of such information and will establish procedures governing its release before official notification of award. Unless otherwise authorized by you, the release of such information before award is limited to Members of Congress and their staff.

(d) Release of awards.

(1) The Associate Administrator for Congressional and Intergovernmental Affairs will identify notifications which require priority processing. S will release such notices at the time and date specified by the Associate Administrator.

(2) Unless notified to the contrary, you may release awards described in (a) of this section, or information related to them, after two full workdays (48 hours) from the time and date of notification to S. The date/time stamp on the e-mail, facsimile transmission, or hand delivery receipt establishes the time and date of notification.

Subpart 505.4—Release of Information

505.403  Requests from Members of Congress.

(a) Consult with legal counsel if the response would disclose either:

(1) Classified material.

(2) Confidential business information.

(3) Contractor bid or proposal information or source selection information as defined in FAR 3.104-3.

(4) Information prejudicial to a competitive acquisition.

(b) If the response involves proprietary or source selection information, include the caution notice prescribed in 503.104-5(b)(1). Best practice is to use the GSA Form 3611 for clarity and visibility.

(c) Refer the proposed response to the HCA and inform the Office of Congressional and Intergovernmental Affairs of the action taken.

Subpart 505.5—Paid Advertisements

505.502  Authority.

(a) Newspapers. The HCA, or designee, must approve publication of paid newspaper advertisements. Approval is not required if FAR 5.101 or 505.101 requires publication. Document the contract file with the regulatory citation or written approval to support the use of paid newspaper advertisements.

(b) Other media. Advance approval is not required to advertise in other media.

505.503  Procedures.

(a) Substitute form. Unless you make an award or order via electronic commerce or by using the Governmentwide commercial purchase card, use GSA Form 300, Order for Supplies or Services, instead of SF 1449.

(b) Invoice receipt by contracting officer. Under a class deviation from FAR 5.503(d), after receiving an invoice and proof of advertising from a publisher, radio or television station, or advertising agency, take all the following actions:

(1) Certify the invoice for payment.

(2) Submit the invoice to Finance.

(3) Retain the proof of advertising in the contract file.

(c) Invoice receipt by receiving official. If a receiving official receives an invoice from a publisher, radio or television station, or advertising agency, he or she takes all the following actions:

(1) Prepares a receiving report.

(2) Submits the invoice and receiving report to Finance for payment.

(3) Gives you a copy of the receiving report for retention in the contract file.

505.504  Use of advertising agencies.

Use the services of commercial advertising agencies only if you determine that the services rendered by those agencies can either:

(a) Increase competition for contracts.

(b) Improve the effectiveness of GSA advertising and marketing programs.