Synopsizing Acquisitions Under World Trade Organization Government Procurement Agreements and Free Trade Agreements

[Jamaal Valentine]

Today, I was asked the following question:

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Pursuant to FAR 5.203(h), for acquisitions covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see Subpart 25.4), the period of time between publication of the synopsis notice and receipt of offers must be no less than 40 days [unless an exception applies].

Should agency solicitations, for commercial and noncommercial requirements subject to FAR 25.4, provide 40 day response times [unless an exception applies]?

Any thoughts or responses to the question?

A quick review of FBO indicates many offices do not post solicitations for 40 days ...

[Guest Vern Edwards]

See FAR 12.205(c).

(Thanks, Emptor Cautus.)

[Todd Davis]

Also, FAR 25.401 lists exceptions to the applicability of FAR subpart 25.4, one of which is set-asides for small business.

[Don Mansfield]

14 hours ago, Jamaal Valentine said:

Should agency solicitations, for commercial and noncommercial requirements subject to FAR 25.4, provide 40 day response times [unless an exception applies]?

That's not what FAR 5.203(h) says. It says that the time between the date of the date of the synopsis and the date offers are due shall be no less than 40 days. This period includes the pre-solicitation publication period and the response time, not just the response time. 

[Jamaal Valentine]

Thanks Don, interesting.

I'll take another look ... I recall presolicitation notices being covered in FAR 5.204, but sprinkled elsewhere.

I know the term synopsis and it's derivatives can refer to a few things (e.g. notices of proposed contract actions/presolicitation notices, solicitations, etc.).

Need to determine what synopsis FAR is calling "the synopsis".

[Don Mansfield]

Look at the introductory text before the paragraphs begin at FAR 5.203.

[Guest Vern Edwards]

8 hours ago, Jamaal Valentine said:

I know the term synopsis and it's derivatives can refer to a few things (e.g. notices of proposed contract actions/presolicitation notices, solicitations, etc.).

Need to determine what synopsis FAR is calling "the synopsis".

FAR does not define "synopsis." The term has been in use as a term of art in acquisition regulations since 1950, when it was introduced in Title 32 of the CFR, Chapter IV, the Joint Regulations of the Armed Forces, Subchapter A, the Armed Services Procurement Regulations, as follows:

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§ 401.202-5 Synopses of invitations for bids. Synopses of invitations for bids, designed to furnish potential suppliers with sufficient information to permit them to determine whether they will be interested in bidding, shall be prepared by the principal purchasing offices of each Department immediately upon completion of fine! approved drafts of invitations for bids. Lists of such principal departmental purchasing offices, required to prepare synopses of invitations for bids, and lists of Department of Commerce Regional Offices to which procurement information will be sent, will be published in accordance with the procedures of each Department….

(d) A synopsis of invitations for bids will include the following information.

(1) Name and address of the purchasing office;

(2) Brief description of the item to be procured;

(3) Quantity to be procured;

(4) Invitation number;

(5) Date of bid opening; and

(6) A statement that any additional information desired and, if available, individual copies of invitations for bids may be obtained directly from the purchasing office issuing the synopsis.

The American Heritage College Dictionary defines synopsis as "A brief outline or general view; an abstract; a summary." A synopsis was thus a brief description of a soon to be issued solicitation.

Synopses used to be published by the Department of Commerce. They still were when I went to work in contracting, in a publication called The Commerce Business Daily.

In time, agencies developed and were required to published other notices, such as notices of award and "sources sought synopses." The term eventually lost its original meaning through common misusage.

In the formal sense, FAR still uses the term synopsis as an announcement containing a brief description of an upcoming procurement. In that sense, it is the notice referred to in FAR 5.101(a)(1) and 5.201. The various other notices are not synopses, but, well, notices.