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Government Contracting - DFARS Part 205 - Publicizing Contract Actions - Win Federal Contracts
1. DFARS - 2021
Defense
Federal Acquisition Regulation
Supplement
Complimentary Webinar Series
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
2. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
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3. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
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4. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
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5. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
6. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
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7. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
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9. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
About Our Speaker
Mary Beth Bosco
Holland & Knight LLP
marybeth.bosco@hklaw.com
202-469-5270
10. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
Publicizing Contract Actions
Wednesday, 03 February 2021
11. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFARS PART 5 – WHAT IS IT?
DFARS Part 5 prescribes policies and procedures for publicizing contract opportunities and award information,
and supplements FAR Part 5.
DFARS Part 5 covers:
Government Databases
Dissemination of Information
When and What Needs to be Publicized?
Contract Award Notices
Release of Procurement Information to Congress and Others
12. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFARS PART 5 – Resources
There is a database of contracts and other procurement instruments intended for use by multiple agencies that is available
via the Internet at https://www.contractdirectory.gov/contractdirectory.
Another source of information is Federal Business Opportunities (“FBO”). With certain exceptions, the Government must
provide notice of solicitations in www.fbo.gov when the contract is expected to exceed $25,000.
For contracts between $15,000 and $25,000, the notice may be displayed in a public place.
Component deparments may also have their own databases. For example, the Navy has the “Navy Electronic Commerce
Online” (NECO).
Congressional budgets or long-term agency planning documents.
13. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFAR PART 5 – Presolicitation Notices (FAR 5.203, 5. 204, 5.207, DFARS 205.203 and 250.250-70)
Before issuing a solicitation
• a contracting agency must publish a presolicitation notice, or “synopsis.” Except for commercial item
procurements, the notice must be published at least 15 days before issuance of a solicitation.
• Agencies must publish notices of an intent to make a sole source award.
• DoD must provide 30 days notice of bundled procurements.
A synopsis of a contract opportunity must include a “clear and concise” description of the work being competed,
and note any special qualifications needed to submit a proposal, and special requirements, such as any Buy
America or Trade Agreements Act requirements.
14. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFARS PART 5 – SYNOPSES (FAR 5.203, DFARS 205.203)
Except for the acquisition of commercial items or solicitations below the simplified acquisition threshold
($250,000), agencies shall allow at least a 30-day response time for receipt of bids or proposals from the date of
issuance of a solicitation. For DoD procurements, if the turn-around time was less than 30 days and only one
proposal is received, agency must resolicit and provide a 30-day response time.
Agencies must allow at least a 45-day response time for R&D contracts over the simplified acquisition threshold
($250,000).
Response date is critical for pre-award protests.
Note: Under certain circumstances, prime contractors can transmit subcontracting opportunities to the GPE.
15. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFARS PART 5 – SOLICITATIONS (FAR 15.203, DFARS 205.203)
At a minimum solicitation must contain:
• A description of the Government's requirement;
• The anticipated terms and conditions that will apply to the contract. The solicitation may authorize offerors to
propose alternative terms and conditions;
• Information required to be in the offeror's proposal; and
• Factors and significant subfactors that will be used to evaluate the proposal and their relative importance.
16. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFARS PART 5 – RELEASE OF INFORMATION (FAR 5.401 and 5.403)
Agencies are charged with protecting contractor proprietary data.
Agencies shall not release to the public:
Plans that would provide undue or discriminatory advantage to private or personal interests;
Information received in confidence from an offeror;
Documents requiring protection under the Freedom of Information Act or Privacy Act; or
Documents pertaining to internal agency communications (e.g., technical reviews).
Reverse FOIA requests and proposals incorporated into contracts.
However, contracting officers shall give Members of Congress information regarding contracts. When do you
approach a Member regarding a procurement?
17. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
DFARS Part #205
DFARS PART 5 – AWARD INFORMATION
You can research what the Government buys and what your competitors sell:
FedBiz Opps
USASpending
Federal Procurement Database System
GSA eLibrary
DoD publishes its contract awards over $7.5 million on a daily basis
(https://www.defense.gov/Newsroom/Contracts/). Civilian agencies are supposed to publish
awards over $4.5 million.
18. DFARS – 2021 - Defense Federal Acquisition Regulation Supplement
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com
THANK YOU To Our Speaker
Mary Beth Bosco
Holland & Knight LLP
marybeth.bosco@hklaw.com
202-469-5270
19. Thank You For Attending!
DFARS - 2021
Defense Federal Acquisition Regulation Supplement
Complimentary Webinar Series
JSchaus & Associates – Washington, DC – hello@JenniferSchaus.com