![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 04-08

###  September 29, 2005

## PUBLICIZING CONTRACT ACTIONS

***Background:*** This PN streamlines the Administrator notification
process and revises the HQ public announcement procedures.

*ACQUISITIONS AFFECTED BY CHANGES:* Contract actions with anticipated
values of \$5 million or greater.

*ACTION REQUIRED BY CONTRACTING OFFICERS:* Contracting officers must
comply with the requirements for the public announcement procedures in
accordance with the language in 1805.3.

***CLAUSE CHANGES:*** None

***PARTS AFFECTED:*** Changes are made in Part 1805.

*REPLACEMENT PAGES:* You may use the enclosed pages to replace Part
1805.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as a
final rule (70 FR 56856 - 56857) on September 29, 2005. Other changes to
this PN does not have a significant effect beyond the internal operating
procedures of the Agency or have a significant cost or administrative
impact on contractors or offerors and therefore does not require
codification in the Code of Federal Regulations (CFR) or publication for
public comment.

**HEADQUARTERS CONTACT:** Sheryl Goddard, Office of Procurement, Program
Operations Division, (703) 553-2519, email: <Sheryl.Goddard@nasa.gov>.

Tom Luedtke

Assistant Administrator for Procurement

Enclosures

([Template](http://www.hq.nasa.gov/office/procurement/regs/pn04-08 Att.doc))

**DISTRIBUTION:**

####  PN List

PART 1805

# PUBLICIZING CONTRACT ACTIONS

**TABLE OF CONTENTS**

**SUBPART 1805.1 DISSEMINATION OF INFORMATION**

1805.101 Methods of disseminating information.

**SUBPART 1805.2 SYNOPSES OF PROPOSED CONTRACTS**

1805.207 Preparation and transmittal of synopses.

1805.207-70 Synopses of Architect-Engineer Services.

**SUBPART 1805.3 SYNOPSES OF CONTRACT AWARDS**

1805.303 Announcement of contract awards.

1805.303-70 Definitions.

1805.303-71 Actions requiring Administrator notification and NASA

Headquarters public announcement.

72. Administrator notification and NASA Headquarters public

> announcement procedures.

**SUBPART 1805.4 RELEASE OF INFORMATION**

1805.402 General public.

1805.403 Requests from Members of Congress.

**SUBPART 1805.5 PAID ADVERTISEMENTS**

1805.502 Authority.

**PART 1805**

# PUBLICIZING CONTRACT ACTIONS

# Subpart 1805.1\--Dissemination of Information

**1805.101 Methods of disseminating information.**

(b)(4) For NASA policy regarding paid advertisements, see 1805.502.

# Subpart 1805.2\--Synopses of Proposed Contracts

**1805.207 Preparation and transmittal of synopses.**

\(a\) Synopses shall be transmitted in accordance with 1804.570.

(c)(14) Notices for non-competitive solicitations, including
non-competitive follow-on actions to contracts initially awarded
utilizing full and open competition, shall provide sufficient
information regarding the proposed requirement to allow potential
sources to determine whether they possess the requisite capabilities and
to make an informed business decision regarding whether to respond.

**1805.207-70 Synopses of Architect-Engineer Services.**

\(a\) *Architect-Engineer Services.*

\(1\) Each notice publicizing the acquisition 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 330, Part
I -- Contract Specific Qualifications, 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 acquisition 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.\"

# Subpart 1805.3\--Synopses of Contract Awards

**1805.303 Announcement of contract awards.**

(a)**(i)** In lieu of the \$3 million threshold cited in FAR 5.303(a),
NASA Headquarters public announcement is required for award of contract
actions that have a total anticipated value,

including unexercised options, of \$5 million or greater.

1805.303-70 Definitions.

**"Anticipated values,"** as used in this subpart, means:

\(a\) The estimated value of the contract (including unexercised
options),

\(b\) The expected definitized value of a letter contract or
undefinitized contract action; or

\(c\) The maximum value of the basic contract for indefinite delivery
contracts, time and material, labor hour, and similar contracts.

**\"Contract actions,\"** as used in this subpart, means new awards
(including letter contracts).

1805.303-71 Actions requiring Administrator notification and NASA
Headquarters public announcements.

(a)(1) All contract actions with anticipated values of \$25 million or
greater require Administrator notification.

\(2\) All contract actions with an anticipated value, including
unexercised options, of \$5 million or greater require NASA Headquarters
public announcements. In addition, an option exercise \$25 million or
greater requires a NASA Headquarters public announcement.

\(3\) If the contracting officer considers that a contract action or
other action at any dollar amount is of significant interest to
Headquarters or has agency public information implications, the NASA
Headquarters Office of Procurement, Program Operations Division, should
be contacted to discuss possible Administrator notification and/or NASA
Headquarters public announcement. Examples of other actions include \--

(i) Terminations,

\(ii\) Contract modifications (including new work modifications),

\(iii\) Exercise of options,

\(iv\) Cost overrun modifications, or

\(v\) Orders placed under single or multiple award contracts (including
GSA).

\(b\) Contract actions requiring Administrator notification and/or
Headquarters public announcement shall not be distributed nor shall any
source outside NASA be notified of their status until the procedures in
1805.303-72 are completed.

**1805.303-72 Administrator notification and NASA Headquarters public
announcement procedures.**

(a)(1) The contracting officer shall send the information listed in
items (a)(2) of this section to the Headquarters Office of Procurement,
Program Operations Division via NASA Public Key Infrastructure (PKI) at
least three (3) workdays prior to planned public announcement. The
contracting officer shall contact Program Operations Division by
telephone immediately prior to the impending electronic transmission.
The contact must be "live"; leaving a voicemail is not sufficient, as
there is no guarantee that a person so notified will be available to
properly receive and handle the public announcement.

\(2\) Administrator notification and NASA Headquarters public
announcement shall be submitted on the template located in the Virtual
Procurement Office at
http://procurement.nasa.gov/cgi-bin/vpo/vpo_matrix.cgi and shall include
the following information --

\(i\) Title of the contract action and an identification of the action
(e.g. new contract, contract modification, termination, exercise of an
option, etc.);

\(ii\) Name and address (including 9-digit zip code) of the prime
contractor;

\(iii\) Brief nontechnical description of the work, including
identification of the program, project;

\(iv\) The estimated dollar value of the contract including all
unexercised options. For undefinitized contract actions, indicate the
NTE or ceiling price amount;

\(v\) Contract type. For undefinitized contract actions, identify the
planned contract type of the definitized instrument;

> \(vi\) The period of performance for the basic contract and each
> option period;

\(vii\) Principal work performance locations;

\(viii\) The name and telephone number of the awardee's point of
contact;

\(ix\) The name and address (including 9-digit zip code) for each major
subcontractor greater than \$1 million;

\(x\) The name, center, telephone number, and email address of the
contracting officer;

\(xi\) The desired date to notify offerors.

\(3\) The Headquarters Office of Legislative Affairs will coordinate the
date of public announcement with the Headquarters Office of Public
Affairs. The Headquarters Office of Public Affairs will then coordinate
with the installation Public Affairs Office.

\(i\) The HQ Office of Legislative Affairs will coordinate the timing
for notifying offerors with the contracting officer such that the
offerors are notified prior to Congress, and Congress is notified prior
to public announcement.

\(ii\) Installations may proceed with award and local release of the
information after the Office of Public Affairs makes the public
announcement, which occurs at 4:00 PM ET on the agreed upon date.

\(4\) If a contract action or public announcement is required prior to
4:00 PM ET on the agreed upon date (e.g., letter contracts),
installations must request authorization from the Assistant
Administrator for Procurement, Program Operations Division, who will
then coordinate an earlier release with the Headquarters Office of
Public Affairs and the Office of Legislative Affairs.

# Subpart 1805.4\--Release of Information

**1805.402 General public.**

**(1)** Unless the head of the contracting activity determines that
disclosure would be prejudicial to the interests of NASA, the following
information on NASA acquisitions may be released:

**(i)** The names of firms invited to submit offers, and

**(ii)** The names of firms that attended any pre-bid or pre-proposal
conferences.

**(2)** Other requests for information under the Freedom of Information
Act shall be processed in accordance with FAR 24.2 and 1824.2.

**1805.403 Requests from Members of Congress.**

\(a\) All proposed replies to congressional inquiries shall be prepared
and forwarded, with full documentation, to the Headquarters Office of
Legislative Affairs for approval and release.

# Subpart 1805.5\--Paid Advertisements

**1805.502 Authority.**

Use of paid advertisements for procurement purposes (except CBD
announcements) is not authorized in NASA.