Public Announcement of FSS Order

Don ? My view noting that I am not a DFAR expert. Any further posts could well change my view.

The reporting requirement of DFAR 205.303(a)(i) is a supplement to FAR 5.303. As such FAR 5.303(a) provides 3 exclusions from this reporting requirement none being FSS.

In my limited research capabilities I did find communication internal to the Marines that raised the same question in August of 2010 that indicated further clarification was going to be sought through Navy to the DAR Council. Further research on my part indicated that the NMCARS has not had any clarifying language added. Additionally, a memo issued on the DoD side in July 2011 which addressed reporting deficiencies by DoD with regard to the DFAR requirement did not address the FSS matter either.

Link to the memo - http://www.acq.osd.mil/dpap/policy/policyv...998-11-DPAP.pdf

Finally with regard to your point to FAR 5.303(a)(3) as generally excluding FSS I read the cite differently. It states that awards under 5.202(a)(1) are exempt. This cite regards national security and I see no mention of FSS.

Overall conclusion on my part, while there is confusion as it is apparent the question is still coming up a direct read of the FAR and the DFAR supplement tells me that FSS awards shall be reported.

Don:

Why do you say that FAR 5.303(a)(3) "generally exempts" FSS orders? That paragraph exempts only those awards ("contractual actions") covered by 5.202(a)(1), which says:

5.202 Exceptions. The contracting officer need not submit the notice required by 5.201 when?

(a) The contracting officer determines that?

(1) The synopsis cannot be worded to preclude disclosure of an agency?s needs and such disclosure would compromise the national security (e.g., would result in disclosure of classified information). The fact that a proposed solicitation or contract action contains classified information, or that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception to synopsis... .

FAR 5.303(a)(3) does not exempt all categories of awards under 5.202(a), i.e., (1) through (14), only the category covered by (1).

Am I missing something? Have I misread FAR?

As supplement to my first post I did a little more research albeit again limited. I have this feeling that the requirements of FAR 5.303/DFAR 205.303 are in some way connected to the responsibilities of the Competition Advocate (ref: FAR 6.5) and his/her duties FAR 6.502 and as such again include FSS. Not 100 percent sure but there seems to be some correlation and the Advocate for DoD is in DPAP. The separate reporting requirements of (20)5.303 seem to support the duties and responsibilities but the dollar threshold of 6.502((2)(vii) does not mesh.

Have I misread FAR?

No, I did. You and Carl have it right.

I also agree with Carl that FSS orders would require public announcement. I checked Defenselink.mil and contracting activities are publicly announcing them. Learn something new everyday.

Classic example of the false premise. Carl spotted it first, but I had not read through his post when I posted mine. I broke off after he went into that stuff about the Marines. I'm surprised that he did not point out the problem right away, instead of going through all that other stuff first.

As a side note, it's interesting that FAR 5.303 uses the word "award" while DFARS 205.303 uses the term "contractual action." Why the difference? Is there a difference? And why is neither officially defined in connection with FAR Part 5 or DFARS 205? It appears that "award" and "contractual action" are not the same as "contract action" which is defined at FAR 5.001.

What do the regulation writers do for a living when they're not working on their hobby?