Overview
FAR Subpart 5.3 prescribes the policies and procedures for publicizing contract awards. Its primary purpose is to ensure transparency in the federal marketplace, provide notice to potential subcontractors of available opportunities, and fulfill international trade agreement obligations.
Key Rules
- Synopsis Threshold: Contracting Officers (COs) must synopsize awards exceeding $25,000 through the Governmentwide Point of Entry (GPE) if the contract is covered by international trade agreements or is likely to result in subcontracts.
- Limited Source/Fair Opportunity Justifications: Justifications for FSS orders, BPAs, or Task/Delivery orders exceeding the Simplified Acquisition Threshold (SAT) that were awarded without fair opportunity must be posted to the GPE.
- High-Value Public Announcements: For awards exceeding $5.5 million, agencies must prepare a public announcement for release by 5:00 p.m. Washington, D.C. time on the day of the award. Information cannot be released before this time.
- Timeline for International Agreements: Awards covered by the WTO Government Procurement Agreement or Free Trade Agreements must be synopsized no later than 60 days after the award.
- Exemptions: Synopses are not required for national security matters, unsolicited research proposals (if disclosure would reveal proprietary ideas), SBIR awards, perishable subsistence supplies, or certain utility services.
Responsibilities
- Contracting Officers (COs):
- Determining if an award meets the criteria for synopsis (e.g., dollar threshold, subcontracting potential).
- Transmitting the synopsis to the GPE in accordance with FAR 5.207.
- Ensuring justifications for non-competitive actions are posted publicly.
- Coordinating the timing of high-value award announcements to meet the 5:00 p.m. EST embargo.
- Federal Agencies:
- Managing the public release of information to the press and ensuring no early disclosure of high-value contract awards.
- Ensuring local announcements (if made) contain the required data regarding the number of offers and the basis for selection.
Practical Implications
- Subcontracting Lead Generation: This subpart is a critical tool for small businesses. By synopsizing awards over $25,000 with subcontracting potential, the government provides a roadmap for "Tier 2" contractors to identify prime contractors who may need their services.
- Public Accountability: The requirement to post justifications for "other than full and open competition" (non-competitive awards) increases the administrative burden on COs but serves as a check against favoritism by requiring public disclosure of the rationale for sole-source awards.
- Strict Embargo Compliance: For large-scale acquisitions (>$5.5M), the 5:00 p.m. DC time rule creates a standardized "quiet period." COs and Program Managers must be careful not to congratulate a winner or notify the press prematurely, as this could violate the FAR and lead to inconsistent information dissemination.
- International Compliance: The 60-day window for WTO/FTA-covered awards ensures the U.S. remains in compliance with global trade reciprocity agreements, preventing trade disputes.