36.211 Distribution of advance notices and solicitations
Source: FAR 36.211 on acquisition.gov
FAR 36.211 ensures broad and transparent distribution of construction contract opportunities and requires agencies to disclose key change order processing information for small business awards.
Overview
FAR 36.211 outlines requirements for the distribution of advance notices and solicitations for construction contracts, emphasizing broad dissemination to reach as many potential offerors as possible. Contracting officers are encouraged to send notices to organizations that provide public display rooms for contractors and suppliers, and may tailor the geographic scope of distribution. For construction contracts anticipated to be awarded to small businesses, contracting officers must post specific notices at the Governmentwide point of entry (GPE), including detailed information about agency policies and past performance related to the definitization of equitable adjustments for change orders. This ensures transparency and provides prospective offerors with critical information on how change orders are handled and the agency's track record in processing them.
Key Rules
- Distribution of Notices and Solicitations
- Notices and solicitations should be widely distributed, including to organizations with public display rooms, and the geographic scope can be determined by the contracting officer.
- GPE Posting for Small Business Construction Contracts
- For construction contracts expected to be awarded to small businesses, a notice must be posted at the GPE with information on agency policies and past performance regarding change order definitization.
- Required Content in GPE Notice
- The notice must include a description of agency-specific policies or a statement if none exist, and data on the agency's past performance for the previous three fiscal years (or as many as available) regarding the time taken to definitize change orders.
Responsibilities
- Contracting Officers: Ensure broad distribution of notices, determine geographic scope, and post required information at the GPE for small business construction contracts.
- Contractors: Review posted notices for agency policies and past performance data relevant to change order definitization.
- Agencies: Maintain and provide accurate data on change order definitization and ensure public accessibility of required information.
Practical Implications
- This section promotes transparency and competition in construction contracting, especially for small businesses.
- Contractors gain insight into agency practices and timelines for change order processing, aiding in proposal preparation and risk assessment.
- Failure to comply can limit competition or result in incomplete information for prospective offerors, potentially impacting contract performance and oversight.
(a) Advance notices and solicitations should be distributed to reach as many prospective offerors as practicable. Contracting officers may send notices and solicitations to organizations that maintain, without charge to the public, display rooms for the benefit of prospective offerors, subcontractors, and material suppliers. If requested by such organizations, this may be done for all or a stated class of construction projects on an annual or semiannual basis. Contracting officers may determine the geographical extent of distribution of advance notices and solicitations on a case-by-case basis.
(b) As required by https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim" target="_blank">15 U.S.C. 644(w), the contracting officer shall transmit to the Governmentwide point of entry (GPE) a notice (see 5.205(h), in solicitation notices posted at the GPE for construction contracts anticipated to be awarded to a small business pursuant to part 19. The notice shall include certain information regarding the agency's definitization of equitable adjustments for change orders under construction contracts. This information includes:
(1) A description of agency policies or procedures, in addition to that outlined in FAR 43.204, that apply to definitization of equitable adjustments for change orders under construction contracts. This description may be provided in a notice by including an address of an agency-specific, publicly accessible website containing this information. If no agency-specific additional policies and procedures exist, the notice shall include a statement to that effect.
(2) Data on the agency's past performance, for the prior 3 fiscal years, regarding the time required to definitize equitable adjustments for change orders under construction contracts (see 43.204). If fewer than 3 fiscal years of data are available, agencies shall provide data for the number of fiscal years that are available. Data shall be provided in the solicitation notice as shown in the following table, or provide the address of an agency-specific, publicly accessible website containing this information. An adequate change order definitization proposal shall contain sufficient information to enable the contracting officer to conduct meaningful analyses and audits of the information contained in the proposal.
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Time to definitize after receipt of an adequate change order definitization proposal under construction contracts |
Number of change order proposals definitized under construction contracts |
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30 days or less 31 to 60 days 61 to 90 days 91 to 180 days 181 to 365 days 366 or more days After completion of contract performance via a contract modification addressing all undefinitized equitable adjustments received during contract performance |