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  • Question

    Is a congressional announcement required if adding $25M to an existing task order (off of an IDIQ) to allow the contractor to continue the same work on the same LOE CLIN task order?


    Answer

    The question falls under FAR 5.303 in Announcement of Contract Awards, and in the instant case best addressed under DFARS 205.303(a)(B) and (5)(iii).

    The   addition of $25M clearly exceeds the requirement of $7.5M under DFARS requiring notification.

    5.303 Announcement of contract awards.

          (a) Public announcement. Contracting officers shall make information available on awards over $4.5 million (unless another dollar amount is specified in agency acquisition regulations) in sufficient time for the agency concerned to announce it by 5 p.m. Washington, DC, time on the day of award. Agencies shall not release information on awards before the public release time of 5 p.m. Washington, DC time. Contracts excluded from this reporting requirement include-

               (1) Those placed with the Small Business Administration under Section 8(a) of the Small Business Act;

               (2) Those placed with foreign firms when the place of delivery or performance is outside the United States and its outlying areas; and

               (3) Those for which synopsis was exempted under 5.202(a)(1).

          (b) Local announcement. Agencies may also release information on contract awards to the local press or other media. When local announcements are made for contract awards in excess of the simplified acquisition threshold, they shall include-

               (1) For awards after sealed bidding, a statement that the contract was awarded after competition by sealed bidding, the number of offers solicited and received, and the basis for selection (e.g., the lowest responsible bidder); or

               (2) For awards after negotiation, the information prescribed by 15.503(b), and after competitive negotiation (either price or design competition), a statement to this effect, and in general terms the basis for selection.

     

    DFARS 205.303 Announcement of contract awards.

    (a) Public Announcement.

    (i) The threshold for DoD awards is $7.5 million. Report all contractual actions, including modifications, that have a face value, excluding unexercised options, of more than $7.5 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 $7.5 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 $7.5 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 $7.5 million.

    (C) Do not report the same work twice.

    (ii) Departments and agencies submit the information—

    (A) To the Office of the Assistant Secretary of Defense (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.

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