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  1. Hello, WifCon! To begin, I have already engaged my agency’s OGC and they have no opinion on the matter at this time; we are exploring what other agencies are doing in possible similar situations. We have a sole source contractor that is refusing to explicitly fill out the representations related to Section 889 (i.e., FAR 52.204-24 or FAR 52.204-26) and that is unwilling to include the clause 52.204-25 in the contract. Rather, the contractor just states in an email that to the best of its knowledge, it is in compliance with Section 889 (thus not explicitly filling out a provision/rep
  2. 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!
  3. 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 port
  4. Hi, Ji. Thank you VERY much for that analysis/rationale! You make a very good point in regards to the structure of the text. Also, it makes sense that we would be afforded this flexibility/shorter time frame for commercial items as vendors should be able to respond quicker with items/services they can offer in the commercial marketplace, they typically have pre-written literature on their products/services, etc. Thank you opening my eyes to the synopsis "light"! Have a great weekend!
  5. Hi, ji! Thank you for the quick response. I see you write "15 days before issuance of a solicitation," but 5.203(a)(1) actually states "Establish a shorter period for issuance of the solicitation..." So, are you stating that you interpret the phrase "period for issuance of the solicitation" to be synonymous with "synopsis period"? I take that phrase to mean the actual solicitation period (i.e., the amount of time a solicitation is posted - not the synopsis - and when a solicitation closes). Yes, I agree 5.203(c) refers to the flexibility we have to have a shorter solicitation pe
  6. Hi, Folks. I have a sole source under FAR Subpart 13.5 procedures. In regards to posting the synopsis/notice of intent to sole source, do I have flexibility in the amount of time I post the synopsis/notice? FAR 5.203(a) states "the notice must be published at least 15 days before issuance of a solicitation, or a proposed contract action the Government intends to solicit and negotiate with only one source under the authority of 6.302..." However, FAR 6.302 authorities are not applicable to FAR Part 13. I understand that the FAR 5.203(a) language continues to state "...except that
  7. Thank you all again for your insights. I ended up calling the Census Bureau's Dr. NAICS hotline and described the industry/purchase (data being provided via internet login and other electronic mediums like Excel spreadsheets and PDF reports). The Census Bureau representative advised that 519130 - Internet Publishing and Broadcasting and Web Search Portals - was most applicable. My search of FBO has shown that 519130 is a frequently used NAICS code to categorize the purchase of datasets (still along with 511210 and 518210), so I am proceeding with this NAICS code. This situation is definit
  8. Napolik - thank you and this is also great information. C Culham had sent over the GAO report, as well. I do not think my choice of NAICS ultimately will be scrutinized or protested in this case, but it is just a matter of principle to find what best aligns and navigating the somewhat nebulous language associated with these NAICS codes.
  9. Hi General Z - thank you for the detailed insight. I do not agree fully with your first paragraph. I agree we can purchase data in a vast amount of subject areas, such as what you listed, but a company compiling and providing the data on a certain subject is different than the subject itself. In my case, we are looking to purchase specialized real estate data. The NAICS industry/sector related to real estate is 53 - Real Estate and Rental and Leasing - and more specifically 531. There is no NAICS code within that industry/sector that applies to vendors providing and compiling data related to t
  10. C Culham - thank you for providing the GAO report; it is definitely enlightening on the overall topic of NAICS code selection. My specific situation of 511210 vs. 518210 may come down to how the data is actually provided to the customer. If the data is distributed through physical media (e.g. CD, DVD, etc.) or through secure file transfer / electronically, then 511210 will probably prevail. If the data is retrieved from a "hosting site," then 518210 will probably prevail. Just curious if anyone else has had this dilemma and if they can share their experience.
  11. Looking for any insight into choosing the correct NAICS code for purchasing data/information and accessing it electronically (i.e. through a downloadable link). Specifically, my customer wants to purchase datasets, which are then used in his analysis and modeling efforts. I believe the two (2) applicable NAICS codes could be 518210 - Data Processing, Hosting, and Related Services - and 511210 - Software Publishers. NAICS code 518210 is described as "providing access to software for clients from a central host site," among other services. NAICS code 511210 services namely "carry out operations
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