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FAR 5.202(a)(13) provides for an exception to the notice required by FAR 5.201. FAR 5.202(a)(13) reads:

(13) The proposed contract action--

(i) Is for an amount not expected to exceed the simplified acquisition threshold;

(ii) Will be made through a means that provides access to the notice of proposed contract action through the GPE; and

(iii) Permits the public to respond to the solicitation electronically; or

Assuming the conditions in number one and three are met the question we've been debating is whether posting a solicitation to the GPE satisifies the requirement of number two and thereby allows you to forego the synopsis requierd by FAR 5.201.

There have been two lines of thought we've been debating. The first is that the solicitation is the notice of proposed contract action through the GPE and you can simply post a solicitation and forego a 15 day presolicitation notice period. The second is that the fifteen day notice period is still required but you don't have to post the synopsis to the GPE but, rather, post something on the GPE that makes everyone aware where the presolicitation notice can be located (e.g. a GPE posting with instructions on how to find the notice on an agnecy web site).

What do you think?

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  • 1 year later...

FAR 5.202(a)(13) provides for an exception to the notice required by FAR 5.201. This is for an EXCEPTION to the notice. This seems fairly straightforward to me, as long as you post the solicitation somewhere that provides ACCESS to the notice of proposed contract action through the GPE (FBO).

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  • 4 months later...

I have a different question in regards to synopsis and public display requirements in 5.101.

Scenario: Deployed (DoD) Contingency Contracting Officer OCONUS (not in U.S. outlying areas) making an open market (local sources) micro-purchase. The micro-purchase threshold in this scenario is $30K.

5.101(a)(1) requires synopsis for actions >$25K unless an exception at 5.202 applies. In this example, a trade agreement doesn't apply, so the exception at 5.202(a)(12) would allow the Contracting Officer to exempt the requirement from synopsis.

My question is the requirement at 5.101(a)(2) to provide public display of proposed contract actions between $15K and $25K. Paragraph (ii) of 5.101(a)(2) specifically excludes 5.202(a)(12).

I'm not using oral quotes, and even though in a contingency environment, it is not an urgent and compelling need. Is there an exception to this public display requirement if my micro-purchase requirement is between $15K and $25K?

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I've considered 13.104(B), but it still does not address the "public display" requirement. It seems unusual that between $15K &$25K I would have to comply with the requirement to post for at least 10 days, but above $25K up to the micro-purchase threshold of $30K I don't have to comply (and below $15K). You would think this would not be applicable to micro-purchases.

We're not using the GCPC either as a procurement method or a payment method because it is rarely, if at all, accepted by the vendors in the AOR.

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DGM - is this commercial or non-commercial?

Under SAP, you could just issue a combined synopsis/solicitation (FAR 13.105)

Steve - Maybe this is different because I am non DoD, but Micro purchase is below 3k, if you are looking at posting requirements between 15k and 25k then you aren't even dealing with a Micro purchase. Again, I could be wrong if DoD has different definition and requirements.

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  • 2 weeks later...

The micro-purchase in a declared contingency is raised to 30k. When I was deployed dealing with similar situations, we utilized 5.202-2(a)(12):

The proposed contract action is by a Defense agency and the proposed contract action will be made and performed outside the United States and its outlying areas, and only local sources will be solicited. This exception does not apply to proposed contract actions covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see Subpart 25.4);

We documented each file by including a D&F that spoke to that exemption being used.

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