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  • Question

    Do all the following fall under the umbrella of a NOCA? We have the initial synopsis, the Notice of Intent for a sole source action (prior to award) and then the posting of the J&A (14 days post-award).


    Answer

    You did not say what authority the sole source is done under, so I'm assuming you have an approved sole source J&A IAW FAR 6.302-1.  If that is correct, then a sources sought first needs to be done and addressed in the J&A (See DFARS PGI 206.302-1).  Also, a synopsis of the proposed contract action must be issued IAW FAR 5.201 (FAR 6.302-1 states that the requirements of FAR 5.201 must be met.) Furthermore, the notice of proposed contract action must meet the requirements of FAR 5.203(a), which states:

                  "An agency must transmit a notice of proposed contract action to the                                     [Governmentwide Point of Entry] GPE (see 5.201). All publicizing and                                  response times are calculated based on the date of publication.  The                                    publication date is the date the notice appears on the GPE. 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..."

    Also, the agency must include in the notice of intent to award sole source a "description" and the following statement "all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency"; this is IAW FAR 5.207(c).  The notice should have enough information for an interested party to provide a capability statement or other document showing its interest and capability.  You are also correct that the approved J&A needs to be posted on the GPE IAW FAR 6.305.  And, finally, FAR 5.102(e) requires contracting officers to make sole-source solicitations available through the GPE or some other medium. FAR 5.102(e) states that contracting officers will "provide copies of a solicitation issued under other than full and open competition to firms requesting copies that were not initially solicited, but only after advising the requester of the determination to limit the solicitation to a specified firm or firms as authorized under [FAR] Part 6." (Also see FAR 6.301(d)  and FAR 6.302-1(d)(2)).

    Bottom line: when contracting on a sole-source basis a CO must (1) prepare some kind of solicitation that describes its requirements, (2) notify the public that it is available, (3) furnish it to others upon their request, (4) consider any proposal or “capability statement” received and (5) post the approved J&A on the GPE.

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