Distribution of advance notices and solicitations
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.