2FARGone Posted July 22, 2020 Report Share Posted July 22, 2020 Hi, WIFCON! So I think I am diving down a rabbit hole here, but I have been reading into FAR 5.301(a)(1)(i) a bit more closely, which states: (a) Except for contract actions described in paragraph (b) of this section and as provided in 5.003, contracting officers must synopsize through the GPE the following: (1) Contract awards exceeding $25,000 that are- (i) Covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see subpart 25.4)... The remaining language in FAR 5.301 is clear to me, but this portion stating "Covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement" is throwing me off. As general practice at most of the agencies I have worked as an 1102, we have been instructed to post an award notice for any open market competitive acquisition over $25,000 (i.e., the solicitation was synopsized on the GPE). I do not think that is necessarily correct (I am not including the need to post award notices for JOFOCs under 6, sole source justifications under 13.5, LSJs under 8.4, JEFOs under 16.505, other exceptions under FAR 5.301(b), etc.). Should we technically be interpreting FAR 25.401(a) and (b) as if our acquisition meets one of those listed exceptions, then we are not required to post an award notice? For example, if the acquisition was a small business set-aside, we would not be required to post an award notice as the WTO-GPA does not apply to small-business set-asides (FAR 25.401(a)(1))? Conversely, if the acquisition does not fit any of the exceptions in FAR 25.401(a) and does not fit under any of the descriptions or codes listed in FAR 25.401(b), then an award notice needs to be posted? Just curious for some interpretation here. Thanks! Link to comment Share on other sites More sharing options...
ji20874 Posted July 22, 2020 Report Share Posted July 22, 2020 I once wondered about this, and my boss said that even if 5.301(a)(1)(i) didn't apply, then (a)(1)(ii) probably did, so he wanted me to synopsize every award over $25K unless an exception in (b) applied -- that was in the spirit of openness. So that is what I have done, and I'm okay with it. It may be easy to show if (a)(1)(i) applies, but it might be difficult to show if (a)(2)(ii) applies -- it might be easier to just do the post-award synopsis. But your question is a fair question. Link to comment Share on other sites More sharing options...
2FARGone Posted July 22, 2020 Author Report Share Posted July 22, 2020 Hi, Ji. Thank you as always for the input. I agree it is not a huge deal/undertaking to just post the award synopsis. I am just curious what the overall intent was with that language in 5.301(a)(1)(i)...the FAR likes to complicate matters! Link to comment Share on other sites More sharing options...
Constricting Officer Posted August 13, 2020 Report Share Posted August 13, 2020 To offer a different interpretation: I would suggest that if FAR 5.301 does not "specifically" call out a required situation for a "synopsis of award" posting then don't. I turn to FAR 5.302, which points to FAR 5.207 that states the required data that must be addressed in the "synopsis of award" posting to GPE. The required information provided at FAR 5.207, is the exact data points which are posted to https://www.usaspending.gov/#/ for every award the government makes. If not specifically called out for a "synopsis of award," then why post the same data twice when it is posted to a public website for transparency purposes the second you award? Link to comment Share on other sites More sharing options...
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