14.105
Solicitations for informational or planning purposes
Solicitations issued solely for informational or planning purposes must be clearly distinguished from those intended for contract award to prevent confusion and ensure transparency.
Overview
FAR 14.105 addresses the use of solicitations for informational or planning purposes within the context of sealed bidding. It directs contracting professionals to FAR 15.201(e), which covers exchanges with industry before receipt of proposals, such as Requests for Information (RFIs) or Sources Sought Notices. The section clarifies that when agencies issue solicitations not intended to result in contract awards, but rather to gather information or plan future procurements, these should be clearly identified as such and not be confused with formal solicitations for bids. This ensures transparency and prevents misunderstandings among potential contractors regarding the intent of the solicitation.
Key Rules
- Informational or Planning Solicitations
- Solicitations issued solely for information gathering or planning must be clearly distinguished from those intended for contract award.
- Reference to FAR 15.201(e)
- Contracting officers should follow the guidance in FAR 15.201(e) for conducting exchanges with industry for informational purposes.
Responsibilities
- Contracting Officers: Must ensure that solicitations for informational or planning purposes are clearly labeled and do not imply a contract will be awarded.
- Contractors: Should carefully review solicitations to determine if they are for information/planning or actual contract opportunities.
- Agencies: Must maintain transparency and avoid misleading industry participants about the nature of the solicitation.
Practical Implications
- This section exists to prevent confusion and ensure fair communication between agencies and industry.
- Contractors should not expend resources preparing bids for solicitations that are only for information or planning.
- Mislabeling or misunderstanding the purpose of a solicitation can lead to wasted effort and potential disputes.