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CMM

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  1. Those of us who work primarily in simplified acquisition may have heard a few different interpretations about whether a synopsis is required for a solicitation over $25k but under the SAT. Based on the information below, I think it's clear that the requirement to synopsize found in FAR 5.201(a) does not apply to Simplified Acquisition Procedures. FAR Subpart 5.2 - Synopses of Proposed Contract Actions addresses requirements for synopsizing and begins with this statement: 5.201(a) As required by the Small Business Act ( 15 U.S.C.637(e) ) and the Office of Federal Procurement Policy Act ( 41 U.S.C. 1708), agencies must make notices of proposed contract actions available as specified in paragraph (b) of this section. FAR 5.201(a) tells us that the requirement for synopsizing is found the Small Business Act ( 15 U.S.C.637(e) ) and the Office of Federal Procurement Policy Act ( 41 U.S.C. 1708), so what do those two acts say? The Small Business Act (15 U.S.C. 637(e)) states that: (1) Except as provided in subsection (g) of this section— (A) an executive agency intending to— (i) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or (ii) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement, shall publish a notice described in subsection (f) of this section; The Office of Federal Procurement Policy Act (41 U.S.C.1708): (a) NOTICE REQUIREMENT.—Except as provided in subsection (b)— (2) an executive agency shall publish a notice of solicitation described in subsection (c) if the agency intends to— (A) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or (B) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement; These two acts clearly state that a synopsis is required whenever the government solicits bids or proposals for work that will exceed $25k. FAR 2.1 defines bid and proposal this way: Offer means a response to a solicitation that, if accepted, would bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called "bids" or "sealed bids"; responses to requests for proposals (negotiation) are offers called "proposals"; however, responses to requests for quotations (simplified acquisition) are "quotations," not offers. If we issue a request for quotations using the Simplified Acquisition Procedures of FAR part 13, we solicit quotations. Neither the Small Business Act (15 U.S.C. 637(e)) nor the Office of Federal Procurement Policy Act (41 U.S.C.1708) requires a notice to be published when the government solicits quotations. The requirement for synopsizing in FAR 5.201(a) does not therefore apply when using Simplified Acquisition Procedures described in FAR Part 13.
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