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                            EDAR
                            PART 3405—PUBLICIZING CONTRACT ACTIONS
        
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EDARPart Number: 3405
        
                  

                                
                  
        Department of Education Acquisition Regulation
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PART 3405—PUBLICIZING CONTRACT ACTIONSPART 3405—PUBLICIZING CONTRACT ACTIONS       Authority:                            5 U.S.C. 301 and 20 U.S.C. 1018a.          Source:                            88 FR 60542, Sept. 1, 2023, unless otherwise noted.                                       Subpart 3405.2—Synopses of Proposed Contract Actions                                                         3405.202 Exceptions.                                                            3405.203 Publicizing and response time.                                                            3405.205 Special situations.                                                            3405.207 Preparation and transmittal of synopses.                                                            3405.270 Notices to perform market surveys.                                                                             Subpart 3405.5—Paid Advertisements                                                         3405.502 Authority.    **Parent topic:**  SUBCHAPTER B—ACQUISITION PLANNINGSubpart 3405.2—Synopses of Proposed Contract Actions    3405.202 Exceptions.       (a)(15) FSA—Issuance of a synopsis is not required when the firm to be solicited has previously provided a module for the system under a contract that contained cost, schedule, and performance goals and the contractor met those goals.3405.203 Publicizing and response time.       (c) FSA—Notwithstanding other provisions of the FAR, a bid or proposal due date of less than 30 days is permitted after issuance of a synopsis for acquisitions for noncommercial items. However, if time permits, a bid or proposal due date that affords potential offerors reasonable time to respond and fosters quality submissions should be established.3405.205 Special situations.       (g) *FSA—Module of a previously awarded system.* Federal Student Aid must satisfy the publication requirements for sole source and competitive awards for a module of a previously awarded system by publishing a notice of intent on the governmentwide point of entry, not less than 30 days before issuing a solicitation. This notice is not required if a contractor who is to be solicited to submit an offer previously provided a module for the system under a contract that contained cost, schedule, and performance goals, and the contractor met those goals.3405.207 Preparation and transmittal of synopses.       (c) *General format for “Description”.* FSA—In phase one of a two-phase source selection as described in 3415.302–70, the contracting officer must publish a notice in accordance with FAR subpart 5.2, except that the notice must include only the following:          (1) Notification that the procurement will be conducted using the specific procedures included in 3415.302–70.          (2) A general notice of the scope or purpose of the procurement that provides sufficient information for sources to make informed business decisions regarding whether to participate in the procurement.          (3) A description of the basis on which potential sources are to be selected to submit offers in the second phase.          (4) A description of the information that is to be required to be submitted if the request for information is made separate from the notice.          (5) Any other information that the contracting officer deems is appropriate.          (g) *Modular contracting.* FSA—When modular contracting authority is being utilized, the notice must invite comments and support if it is believed that modular contracting is not suited for the requirement being procured.3405.270 Notices to perform market surveys.       (a) If a sole source contract is anticipated, the issuance of a notice of a proposed contract action that is detailed enough to permit the submission of meaningful responses and the subsequent evaluation of the responses by the Federal Government constitutes an acceptable market survey.          (b) The notice must include—          (1) A clear statement of the supplies or services to be procured;          (2) Any capabilities or experience required of a contractor and any other factor relevant to those requirements;          (3) A statement that all responsible sources submitting a proposal, bid, or quotation must be considered;          (4) Name, business address, and phone number of the Contracting Officer; and          (5) Justification for a sole source and the identity of that source.Subpart 3405.5—Paid Advertisements    3405.502 Authority.       Authority to approve publication of paid advertisements in newspapers is delegated to the HCA.
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