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

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-96

###  April 29, 2004

## PUBLICIZING CONTRACT ACTIONS

***Background:*** This PN combines the processes for Administrator
notification of contract actions and the HQ public announcement
procedures. Comments were received from several Centers stating that the
current administrator notification process outlined in the NASA FAR
Supplement is confusing. It also provides for the electronic
transmission of encrypted information between the Contracting Officer
and the Headquarters Office of Procurement.

*ACQUISITIONS AFFECTED BY CHANGES:* Contract actions of \$25 million or
greater.

*ACTION REQUIRED BY CONTRACTING OFFICERS:* Contracting officers must
comply with the requirements for the development for Administrator
notification documents and draft press releases in accordance with the
language in 1805.3.

***CLAUSE CHANGES:*** None

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

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

***TYPE OF RULE AND PUBLICATION DATE:*** Not Applicable. This change
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:** Yolande Harden, Code HK, (202) 358-1279,
email: yharden@nasa.gov.

Tom Luedtke

Assistant Administrator for Procurement

Enclosures

**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 and Federal
Information

Processing Resources.

#### 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 and Federal
Information Processing Resources.**

\(a\) *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 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 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.\"

\(b\) **Federal Information Processing (FIP) Resources***.*

\(1\) When total requirement quantities are expected to satisfy the
needs of only a single field installation, each notice publicizing the
acquisition 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).

\(2\) When the contemplated contract will authorize orders from
locations other than the awarding installation, the notice shall fully
describe the ordering scope.

# 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 \$25 million or greater.

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), new work contract modifications, or orders
placed under multiple award 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 (including unexercised options) or an option exercise of \$25
million or greater require NASA Headquarters public announcements.

\(2\) Competitive contract actions with anticipated values of \$25
million or greater (including unexercised options) require Administrator
notification.

\(3\) Non-competitive contract actions with anticipated values greater
than \$100 million (including unexercised options) require Administrator
notification.

\(4\) 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 (Code HS) should be contacted to
discuss possible Administrator notification and/or NASA Headquarters
public announcement. Examples of other actions include \--

(i) Terminations,

(ii) Contract modifications,

\(iii\) Exercise of options,

\(iv\) Cost overrun modifications, or

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

\(b\) Administrator notification and NASA Headquarters public
announcement is not required for individual orders placed under single
or multiple award contracts. However, once the anticipated value is
reached on these contracts, any subsequent modifications or orders of
\$25 million or greater must be announced.

\(c\) 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.**

\(a\) *Administrator notification procedures*.

\(1\) The contracting officer shall send the information listed in items
(c)(1) through (10) of this section to the Headquarters Office of
Procurement (Code HS) via NASA Public Key Infrastructure (PKI) or
facsimile at least five (5) workdays prior to planned public
announcement. After October 1, 2004, facsimile will no longer be
acceptable. The electronic transmittal must include the desired date for
announcing the award and the cognizant HQ Enterprise or funding
organization. The contracting officer shall contact Code HS 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 Administrator notification.

\(2\) In accordance with FAR 3.104-5(c), the contracting officer shall
mark all pages that include source selection information with the legend
"SOURCE SELECTION INFORMATION -- SEE FAR 2.101 AND 3.104."

\(3\) The contracting officer shall not proceed with any awards,
contract modifications, orders or announcements until Code HS confirms
that the Administrator has been notified of the proposed action and
coordination identified in (b)(3) has occurred with the Headquarters
Office of Legislative Affairs regarding any required public
announcement.

\(b\) *NASA HQ Public Announcement Procedures*.

\(1\) After confirmation is received that the Administrator has been
notified of the proposed action, the contracting officer shall develop a
draft news release that includes the information listed in (c)(1)
through (8) of this section for those actions that require NASA
Headquarters public announcement. The news release must be annotated
with the legend "SOURCE SELECTION INFORMATION -- SEE FAR 2.101 AND
3.104".

\(2\) The draft news release shall be provided to the installation
Public Affairs Office no later than 72 hours before the desired public
announcement, which will then coordinate with the Headquarters Office of
Public Affairs no later than 48 hours before the public announcement.

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

\(i\) Code L 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.

\(ii\) Offerors should not be notified until the coordination identified
in 3(i) has occurred.

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

\(4\) Installations must request authorization from the Assistant
Administrator for Procurement (Code HS), who will then coordinate an
earlier release with the Headquarters Office of Public Affairs and the
Office of Legislative Affairs, if a public announcement and award
earlier than 4:00 PM ET on the agreed upon date is considered
appropriate (e.g., letter contracts).

\(5\) The draft news release required by paragraph (b)(1) of this
section shall be provided to the Headquarters Office of Procurement
(Code HS) with the request for approval, for contract actions requiring
Headquarters approval in accordance with 1804.72.

\(c\) *Administrator notification and NASA Headquarters public
announcement documentation requirements.* The Administrator notification
and NASA Headquarters public announcement documents shall include the
following information --

\(1\) Title and brief nontechnical description of the work, including
identification of the program, project and period of performance;

\(2\) Identification of the action (e.g. new contract, contract
modification, termination, exercise of an option, etc.);

\(3\) Contract type. For undefinitized contract actions, identify the
planned contract type of the definitized instrument;

\(4\) Name and address (including 9-digit zip code) and business size
status of the prime contractor and each major subcontractor greater than
\$1 million;

\(5\) The dollar amount authorized for the instant action and the
estimated total cost of the contract including all priced options. For
undefinitized contract actions, indicate the NTE or ceiling price
amount;

\(6\) Principal work performance locations;

\(7\) A brief description of any unusual circumstances, if applicable;

\(8\) The names and telephone numbers of the contracting officer and the
manager responsible for the technical requirements;

\(9\) Small business and small disadvantaged business subcontracting
goals both in dollars and percentage of the value of the action
(including all options);

\(10\) [For competitive selections only]{.underline}, provide the names
and addresses of all unsuccessful offerors and a brief explanation of
the general basis for the selection.

# 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 (Code L) 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.