By Government Contracts Editorial Staff
The National Aeronautics and Space Administration has issued Procurement Notice 20-04, Revision to NASA FAR Supplement Part 1805.3, Synopses of Contract Awards. The PN (NFS Case 2020-N007) amends the NASA Federal Acquisition Regulation Supplement to clarify requirements related to the submission of a Public Announcement or Administrator Notification of a Significant Contract Action. FAR 5.303, Announcement of Awards, requires a PA for actions exceeding $4 million. Although the FAR exempts actions awarded under section 8(a) of the Small Business Act (15 USC 637) from this requirement, NASA has decided to require a PA for 8(a) awards. Also, when small business set-aside, HUBZone, service-disabled veteran-owned small business, or women-owned small business program procedures are used, FAR 15.503(a)(2) requires a preaward notice to be issued to each offeror in writing prior to award and upon completion of negotiations and determinations of responsibility. This notice serves as the special notification from the contracting officer that identifies the apparently successful offeror and initiates the five-day protest period of a small business representation in accordance with FAR 19.302-9(d). The PN clarifies that for set-aside actions under small business programs, the CO must submit the Notification of Contract Action three business days prior to issuing preaward notice to the offerors. The PN implements these changes at NFS 1805.303 through NFS 1805.303-72. The revised policy went into effect on June 23, 2020. For the text of the PN, see ¶70,049.301.
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