Overview
FAR 5.202 identifies specific circumstances under which a contracting officer is exempt from the mandatory requirement to publicize a synopsis of a proposed contract action. These exceptions are designed to balance the goal of full and open competition with practical needs regarding national security, urgency, existing contractual vehicles, and statutory mandates.
Key Rules
- National Security: An exception applies only if the synopsis itself would disclose classified information or compromise security; the mere fact that a contract is classified does not automatically justify skipping the synopsis.
- Urgency: Proposed actions are exempt if the government would be "seriously injured" by the delay required for a notice, typically associated with unusual and compelling urgency.
- Existing Vehicles: Orders placed under Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts (Subpart 16.5) or actions under existing contracts that were previously synopsized do not require a new notice.
- Statutory Mandates: Requirements for specific sources, such as SBA 8(a) acquisitions, AbilityOne (workshops for the blind/severely disabled), or Small Business Innovation Research (SBIR) awards, are generally exempt.
- Business Operations: Exemptions exist for perishable subsistence supplies, utility services with only one source, and expert services for litigation/dispute support.
- Simplified Procedures: Acquisitions not exceeding the Simplified Acquisition Threshold (SAT) are exempt if they are conducted through a system that provides electronic access and response capabilities to the public.
Practical Implications
- Contracting officers can significantly accelerate the procurement timeline by correctly identifying and documenting an exception, particularly when utilizing existing IDIQ vehicles or responding to emergency requirements.
- Because these exceptions limit public transparency, they are narrowly construed; for instance, the "national security" exception requires the CO to determine that the wording of the notice—not just the contract work—is the threat.