# Part 205 - PUBLICIZING CONTRACT ACTIONS

Subpart 205.1 - DISSEMINATION OF INFORMATION

205.102 Availability of solicitations.

205.102-70 Availability of DoD solicitations.

Subpart 205.2 - SYNOPSES OF PROPOSED CONTRACT ACTIONS

205.203 Publicizing and response time.

205.205 Special situations.

205.205-70 Notification of bundling of DoD contracts.

205.205-71 Only one responsible source.

205.207 Preparation and transmittal of synopses.

Subpart 205.3 - SYNOPSES OF CONTRACT AWARDS

205.301 General.

205.303 Announcement of contract awards.

Subpart 205.4 - RELEASE OF INFORMATION

205.470 Contract clause.

Subpart 205.5 - PAID ADVERTISEMENTS

205.502 Authority.

## Subpart 205.1 - DISSEMINATION OF INFORMATION

### 205.102 Availability of solicitations.

#### 205.102-70 Availability of DoD solicitations.

See PGI 205.102-70 for policy and procedures related to the Solicitation Module within the Procurement Integrated Enterprise Environment.

## Subpart 205.2 - SYNOPSES OF PROPOSED CONTRACT ACTIONS

### 205.203 Publicizing and response time.

(b) Allow at least 45 days response time when requested by a qualifying or designated country source (as these terms are used in Part 225) and the request is consistent with the Government's requirement.

(S-70) When using competitive procedures, if a solicitation allowed fewer than 30 days for receipt of offers and resulted in only one offer, the contracting officer shall resolicit, allowing an additional period of at least 30 days for receipt of offers, except as provided in 215.371-4 and 215.371-5 .

### 205.205 Special situations.

See PGI 205.205 for instructions on the solicitation notice regarding timely definitization of equitable adjustments for change orders under construction contracts.

#### 205.205-70 Notification of bundling of DoD contracts.

(a) When a proposed acquisition is funded entirely using DoD funds and potentially involves bundling, the contracting officer shall, at least 30 days prior to the release of a solicitation or 30 days prior to placing an order without a solicitation, publish in the Governmentwide point of entry (https://www.sam.gov) a notification of the intent to bundle the requirement. In addition, if the agency has determined that measurably substantial benefits are expected to be derived as a result of bundling, the notification shall include a brief description of those benefits (see FAR 7.107).

(b) This requirement is in addition to the notification requirements at FAR 10.001(c)(2)(i) and (ii).

#### 205.205-71 Only one responsible source.

Follow the procedures at PGI 206.302-1 (d) prior to soliciting a proposal without providing for full and open competition under the authority at FAR 6.302-1.

### 205.207 Preparation and transmittal of synopses.

(a)(i) For numbering synopsis notices, follow the procedures at PGI 205.207 (a)(i).

(d) For special notices for small business events, follow the procedures at PGI 205.207 (d).

## Subpart 205.3 - SYNOPSES OF CONTRACT AWARDS

### 205.301 General.

(a)(S-70) Synopsis of exceptions to domestic source requirements.

(i) In accordance with 10 U.S.C.4862(k), contracting officers also must synopsize through the Governmentwide point of entry (https://www.sam.gov), awards exceeding the simplified acquisition threshold that are for the acquisition of any clothing, fiber, yarn, or fabric items described in 225.7002-1(a)(1)(ii) through (x), if -

(A) The Secretary concerned has determined that domestic items are not available, in accordance with 225.7002-2(b); or

(B) The acquisition is for chemical warfare protective clothing, and the contracting officer has determined that an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country, in accordance with 225.7002-2(n).

(ii) The synopsis must be submitted in sufficient time to permit its publication not later than 7 days after contract award.

(iii) In addition to the information otherwise required in a synopsis of contract award, the synopsis must include one of the following statements as applicable:

(A) “The exception at DFARS 225.7002-2(b) applies to this acquisition, because the Secretary concerned has determined that items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in satisfactory quality and sufficient quantity at U.S. market prices.”

(B) “The exception at DFARS 225.7002-2(n) applies to this acquisition, because the contracting officer has determined that this acquisition of chemical warfare protective clothing furthers an agreement with a qualifying country identified in DFARS 225.003.”

### 205.303 Announcement of contract awards.

(a) Public Announcement.

(i) The threshold for DoD awards is $9 million. Report all contractual actions, including modifications, that have a face value, excluding unexercised options, of more than $9 million.

(A) For undefinitized contractual actions, report the not-to-exceed (NTE) amount. Later, if the definitized amount exceeds the NTE amount by more than $9 million, report only the amount exceeding the NTE.

(B) For indefinite delivery, time and material, labor hour, and similar contracts, report the initial award if the estimated face value, excluding unexercised options, is more than $9 million. Do not report orders up to the estimated value, but after the estimated value is reached, report subsequent modifications and orders that have a face value of more than $9 million.

(C) Do not report the same work twice.

(ii) Departments and agencies submit the information—

(A) To the Office of the Assistant to the Secretary of Defense for (Public Affairs);

(B) By the close of business the day before the date of the proposed award;

(C) Using report control symbol DD-LA-(AR) 1279;

(D) Including, as a minimum, the following—

(1) Contract data. Contract number, modification number, or delivery order number, face value of this action, total cumulative face value of the contract, description of what is being bought, contract type, whether any of the buy was for foreign military sales (FMS) and identification of the FMS customer;

(2) Competition information.Number of solicitations mailed and number of offers received;

(3) Contractor data.Name, address, and place of performance (if significant work is performed at a different location);

(4) Funding data.Type of appropriation and fiscal year of the funds, and whether the contract is multiyear (see FAR Subpart 17.1); and

(5) Miscellaneous data.Identification of the contracting office, the contracting office point of contact, known congressional interest, and the information release date.

(iii) Departments and agencies, in accordance with department/agency procedures and concurrent with the public announcement, shall provide information similar to that required by paragraph (a)(ii) of this section to members of Congress in whose State or district the contractor is located and the work is to be performed.

## Subpart 205.4 - RELEASE OF INFORMATION

### 205.470 Contract clause.

Use the clause at 252.205-7000 , Provision of Information to Cooperative Agreement Holders, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations and contracts solely for the acquisition of commercially available off-the-shelf items, that are expected to exceed $1.5 million. This clause implements 10 U.S.C. 4957.

## Subpart 205.5 - PAID ADVERTISEMENTS

### 205.502 Authority.

(a) Newspapers. Heads of contracting activities are delegated authority to approve the publication of paid advertisements in newspapers.