§ 505.303-70 - Notification of proposed substantial awards and awards involving Congressional interest.


Latest version.
  • (a) Applicability. The notification procedures in (b), below, apply only to proposed award involving:

    (1) A contract with the Small Business Administration (the 8(a) program) exceeding or estimated to exceed $100,000.

    (2) A supply contract exceeding or estimated to exceed $500,000 (except for (i) motor vehicles, (ii) products whose points of origin are not readily identifiable, or (iii) products involving foreign production points).

    (3) A design (Architect/Engineer) contract or construction contract exceeding or estimated to exceed $500,000.

    (4) Any other contract, or class of contract, in excess of $100,000 for which a Member of Congress has specifically requested notification of award.

    (b) Notification procedures. (1) The Office of Congressional and Intergovernmental Affairs (S) will notify the heads of contracting activities in writing with the names of Members of Congress who wish to be notified of any or all contract awards in excess of $100,000 to contractors located within their district or State, as applicable. Upon such notification, the contracting activities will provide, via electronic mail, facsimile or hand delivery applicable notices of award to S. A copy of the submittal should be provided to the regional congressional liaison office.

    (2) Except for submittals hand delivered to S, the submittal must be made by electronic mail or facsimile transmission. Except for contracts awarded under urgent and compelling circumstances, notification to S of an award must be made on the same day that the award is made and 24 hours before telephonic notice (if applicable) is provided to the contractor. If the timeframe for notification to S cannot be met, the Contracting Director must notify S by telephone.

    (3) The notification to S must:

    (i) Describe the supplies or services acquired and the duration of the contract period.

    (ii) Identify the type of contract and contractor using the following codes:

    (A) DO for definite quantity contract.

    (B) SC for schedule contract.

    (C) TC for indefinite delivery contract other than schedule.

    (D) S for small business concern.

    (E) SD for small disadvantaged business concern.

    (F) WO for women-owned small business concern.

    (G) O for other than a small business concern.

    (iii) Include the contractor's name and address (including county and Congressional district, if known) and indicate the dollar value of the contract for each production point. When there are multiple production points and specific items, and their points of production are not shown, or when the number of production points exceed 10, write “multiple” and indicate immediately after, in parentheses, the total number of production points.

    (iv) Indicate the quantity and unit, in parentheses, for definite quantity awards by production point. Indicate the name of the receiving agency next to the applicable quantity and identify the requirement or portion thereof for overseas use.

    (v) Provide the name (where available) and telephone number for a point-of-contact for each award recipient and each production point.

    (vi) Include the following statement when Congressional interest is involved.

    “Congressional Interest: (Name of Congressman/Senator) (Indicate State/District) (Describe interest)”

    (vii) Provide the contracting officer's name and telephone number for each award.

    (4) The notification to S will contain sensitive preaward information and should be labeled accordingly. S and regional Congressional liaison offices will be responsible for the security of such information and will establish procedures governing the release of such information before official notification of award. Unless otherwise authorized by the contracting officer, the release of such information prior to award shall be limited to Members of Congress and their staff.

    (c) Release of awards. (1) Release of notifications which require priority processing as determined by the Associate Administrator for Congressional Affairs will be accomplished at the time and date specified.

    (2) Unless notified to the contrary, contracting activities may release awards of the type described in (a) and (b) of this section, or information pertinent thereto, upon the expiration of two full workdays (48 hours) after the time and date of notification to S established either by the facsimile transmission or hand delivery.