1805.101 Methods of disseminating information.
For NASA policy regarding paid advertisements, see FAR 5.502 and 180 5.502.
1805.201 General.
1805.201-70 Headquarters notification.
A copy of each synopsis of a proposed contract action sent to the Commerce Business Daily (CBD) shall be furnished to the Director of Small and Disadvantaged Business Utilization, NASA Headquarters (Code K).
1805.202 Exceptions.
(a) The phrase "proprietary information," as used at FAR 5.202(a)(8), means information (data) that constitutes a trade secret and/or information that is commercial or financial and confidential or privileged.
(b) In accordance with FAR 5.202(a)(12), unless another exception applies, contract actions that will be made and performed outside the United States shall by synopsized in the Commerce Business Daily as follows: The contracting officer shall synopsize (1) all contract actions for supplies or services (other than R&D and construction) with and estimated value above $25,000, and (2) all contract actions for construction with an estimated value above $6,500,000.
1805.205 Special situations.
Potential sources responding to R&D advance notices shall be added to the appropriate solicitation mailing list for the subsequent solicitation and, if they do not appear on the solicitation mailing lists established in accordance with FAR 14.205-1, shall be requested to submit Standard Form 129, Solicitation Mailing List Application. Responding sources on established lists may be requested to submit amended applications in order to reflect their current capabilities.
1805.207 Preparation and transmittal of synopses.
(a) Federal Information Processing Standards (FIPS) Number. FAR 5.207(b)(4) requires that agencies identify each synopsis by a Federal Information Processing Standards (FIPS) number. The numbers assigned to NASA installations by FIPS-95 are--
Ames Research Center 8020
Dryden Flight Research Center 8022
Goddard Space Flight Center 8026
Headquarters 8001
Johnson Space Center 8032
Kennedy Space Center 8035
Langley Research Center 8038
Lewis Research Center 8041
Marshall Space Flight Center 8044
NASA Management Office-JPL 8029
Space Station Program Office 8025
Stennis Space Center 8047
(b) Architect-Engineer Services.
(1) Each notice publicizing the procurement of architect-engineer services shall be headed "C. Architect-Engineer Services."
(2) In addition to meeting the requirements of FAR 5.207(c), the project description shall--
(i) State the relative importance the Government attaches to the significant evaluation criteria and the date by which responses to the notice must be received, including submission of Standard Form 255, Architect-Engineer and Related Services Questionnaire for Specific Project, if required;
(ii) Describe any specialized qualifications, security classifications, and limitations on eligibility for consideration;
(iii) Describe qualifications or performance data required from architect-engineer firms; and
(iv) If the procurement is to be set aside for small business, state this fact, indicating the specific size standard to be used and requiring that eligible responding firms submit a small business representation.
(3) Contracting officers shall add at the end of the synopsis:
See Note 24. Provisions of Note 24 apply to this notice except that (a) in the sentence beginning "Selection of firms for negotiations," the fourth additional consideration listed is changed to read: "(4) past experience, if any, of the firm with respect to performance on contracts with NASA, other
Government agencies, and private industry;" and (b) in the last sentence, "National Aeronautics and Space Administration" is substituted for "Department of Defense."
(c) Each notice publicizing the procurement of FIP resources under an indefinite delivery/indefinite quantity contract or under a contract that includes options for additional quantities of such resources shall include the following:
The _____ (identify contracting activity) is the primary delivery point for the items described in this synopsis. However, NASA may order delivery to the following alternate locations: _____ (List other NASA installations and their locations).
1805.302 Preparation and transmittal of synopses of awards.
1805.302-70 Headquarters notification.
The contracting officer shall mail one copy of the synopsis of contract award prepared in accordance with FAR 5.302 to the Office of Small and Disadvantaged Business Utilization, NASA Headquarters (Code K) and send one copy to the installation's Public Affairs Office.
1805.303 Announcement of contract awards.
Congressional notification shall be in accordance with 1805.403-70.
1805.303-70 Notification of significant procurement actions.
(a) NASA Headquarters (Code HS) shall be notified of the following procurement actions at least five (5) workdays prior to planned public announcement of the actions:
(1) Planned announcement of contractor selection and planned contract award for competitive procurements of $25 million or more.
(2) Planned contract award of non-competitive awards and new work modifications of $100 million or more.
(3) Planned award of other procurement actions at any dollar value thought to be of significant interest to Headquarters.
(b) Field installation procurement officers shall send the information listed in paragraphs (b)(1) - (10) of this section to NASA Headquarters (Code HS) via facsimile transmission (202-358-4065). Immediately prior to transmission, Code HS shall be notified by telephone (202-358-2080) of the impending transmission so that a person may immediately receive the transmission. Code HS will hand-carry the notification to the Office of the Administrator (Code A) and provide a copy to the Associate Administrator for Procurement (Code H) to limit access to the information to those persons authorized to receive such information as described in 48 CFR (FAR) 1803.104-5(c). In accordance with 48 CFR (FAR) 3.104-5(c), all pages that include source selection information shall be marked with the legend "SOURCE SELECTION INFORMATION - SEE FAR 3.104." The information to be sent is as follows:
(1) Title and a brief nontechnical description of the work, including identification of the program or project.
(2) Type of action (whether the action will result in a new contract or is for additional work under an existing contract).
(3) Type of contract (e.g., Firm-Fixed-Price or Cost type, including whether the cost contract is completion or level-of-effort).
(4) The total contract value for the instant action including all priced options (for selection notifications, this would be the successful offeror's best and final offer (BAFO) amount and, for award notifica-tions, the negotiated value of the contract). Also include the Government's most probable cost.
(5) The name, address, and business size status of the prime contractor and each major (over $1M) subcontractor.
(6) Small business and small disadvantaged business subcontracting goals both in dollars and percentage of the value of the action including all options.
(7) Work performance location.
(8) Unusual circumstances (briefly describe any facts or events that bear upon this procurement and make it unusual.
(9) Contacts (names and telephone numbers of a prime and alternate center points of contact).
(10) Provide the following information on a separate piece of paper attached to the data for paragraphs (1) - (9) of this section: For competitive selections only, furnish the names and addresses of all unsuccessful offerors and a brief explanation of the general basis for the selection, noting that any detailed questions or requests for more specific information should be referred to the source selection official.
(c) Field installations are not to proceed with any announcements until Code HS has advised that the Administrator has been notified of the proposed action and the supporting information. Once this advice is received from Code HS, field installations should proceed with established notification to offerors and press release procedures (See 1805.303-71 and 1805.303-72).
1805.303-71 Furnishing additional procurement information to the public.
(a) Policy.
(1) In addition to publicizing procurements and contract awards in the CBD, NASA furnishes the public, upon request, through the Public Affairs Office of the NASA installation receiving the request, information on specific current NASA procurements, including--
(i) The names of firms invited to submit offers;
(ii) The names of firms that attended any pre-bid or pre-proposal conference;
(iii) After the date established for receipt of offers, the names of firms that submitted them (but see 18015.413); and
(iv) Contract award information required to be publicized in the CBD under the provisions of FAR 5.303.
(2) Exceptions will be permitted only when the Associate Administrator for Procurement or the Director of the field installation concerned determines that disclosure in accordance with paragraph (a)(1) preceding would be prejudicial to the interests of NASA.
(b) Procedures. Contracts requiring approval by the Associate Administrator for Procurement under Subpart 1804.72 will not be distributed, nor will any information be given to any source outside of NASA as to whether or not they have been approved, until 24 hours after the Director of Public Affairs and the Associate Administrator for Legislative Affairs, NASA Headquarters, have been advised that the contract has been consummated.
(c) Unsuccessful offerors. For guidance on releasing information to unsuccessful offerors, see FAR 14.408 and FAR Subpart 15.10.
1805.303-72 Public Affairs Office notification.
(a) Letter contracts.
(1) The procedures for issuing and approving letter contracts are contained in FAR 16.603 and 18016.603. Before transmitting a letter contract to a contractor for signature, the procurement officer shall furnish to the installation's Public Affairs Office the following information:
(i) Whether the letter contract initiates a new contract or is for additional work or services under an existing contract.
(ii) The dollar amount authorized for the letter contract and the estimated total cost of the contract or supplemental agreement.
(iii) Name and address of the contractor.
(iv) Location where the work is to be performed.
(v) A brief description of the work, including identification of the program and project.
(vi) For the purpose of responding to queries only, a list of any unsuccessful offerors and their addresses.
(2) Upon receiving the information described in paragraph (a)(1) of this section, the installation's Public Affairs Office shall transmit the information immediately, in the form of a news release, by priority TWX or more expeditious means (if appropriate), to the Chief, News and Information Branch (Code PM), and the Associate Administrator, Office of Legislative Affairs (Code LC), NASA Headquarters. The information shall not be otherwise released by the installation's Public Affairs Office, nor shall the letter contract be released before 2:30 p.m. Washington, DC time of the next working day, unless clearance has been received earlier from the Chief, News and Information Branch (Code PM). If circumstances indicate a need for earlier action, exception must be obtained from the Associate Administrator for Procurement.
(b) Definitive contracts and supplemental agreements.
(1) This paragraph (b)(1) does not pertain to supplemental agreements covering overruns or incremental funding actions or to contracts or supplemental agreements that require approval of the Associate Administrator for Procurement pursuant to 1804.7203. It does pertain to contracts, supplemental agreements, and the execution of options that are in an amount of $10,000,000 or over for the Dryden Flight Research Center, Stennis Space Center, Headquarters Acquisition Division, and the NASA Management Office--JPL and $25,000,000 or over for Ames Research Center, Goddard Space Flight Center, Johnson Space Center, Kennedy Space Center, Langley Research Center, Lewis Research Center, Marshall Space Flight Center, and Space Station Program Office. It also pertains to any procurement action that, in the judgment of the contracting officer, has Headquarters public information implications (e.g., the transfer of personnel from one State to another). Such contracts and supplemental agreements shall not be distributed nor shall any source outside NASA be informed that the contractual instrument has been signed by both parties until the procedures in subdivisions (i) and (ii) following are carried out:
(i) The procurement officer shall furnish to the installation's Public Affairs Office the following information:
(A) Whether the contract or supplemental agreement initiates a new contract or is for additional work or services under an existing contract.
(B) Type of contract.
(C) The dollar amount authorized for the instant action and the estimated total cost of the contract if this is different.
(D) Name and address of the contractor.
(E) Location where the work is to be performed.
(F) A brief description of the work, including identification of the program and project.
(G) For the purpose of responding to queries only, a list of any unsuccessful offerors and their addresses.
(ii) Upon receiving the information listed in paragraph (i) of this section, the installation's Public Affairs Office shall immediately prepare a news release in the form of a priority TWX containing as a minimum the information in paragraph (i) of this section, and transmit it to the Chief, News and Information Branch (Code PM), and the Associate Administrator, Office of Legislative Affairs (Code LC), NASA Headquarters. The information shall not be otherwise released by the installation's Public Affairs Office, nor shall the contract instrument be released before 2:30 p.m. Washington, DC time of the next working day, unless clearance has been received earlier from the Chief, News and Information Branch (Code PM). If circumstances indicate a need for earlier action, exception must be obtained from the Associate Administrator for Procurement.
(2) When forwarded for the approval of the Associate Administrator for Procurement, if required by 1804.7203, contracts and supplemental agreements shall be accompanied by a draft news release prepared by the installation's Public Affairs Office and furnished to the contracting office for inclusion in the submission file. The news release shall contain as a minimum the information required by paragraph (1)(i) of this section. At the time the Associate Administrator for Procurement approves the contract or supplemental agreement, the news release shall be forwarded immediately to the Chief, News and Information Branch (Code PM), and to the Associate Administrator, Office of Legislative Affairs (Code LC).
1805.401 General.
Release of information to the Small Business Administration shall be in accordance with FAR 19.402(b).
1805.402 General public.
Requests from the general public for specific information shall be processed in accordance with 1805.303-70.
1805.403 Requests from Members of Congress.
1805.403-70 Headquarters approval and release.
The proposed reply, with full documentation, shall be promptly prepared and forwarded by the most expeditious means to the Associate Administrator, Congressional Relations Office (Code L), NASA Headquarters, for approval and release. (See 1805.303-70.)
1805.502 Authority.
Use of paid advertisements for procurement purposes is not authorized in NASA.