36.213-2
Presolicitation notices
Presolicitation notices are mandatory for most federal construction contracts over the simplified acquisition threshold and must include specific details to ensure broad competition and transparency.
Overview
FAR 36.213-2 requires contracting officers to issue presolicitation notices for construction contracts expected to exceed the simplified acquisition threshold, unless waived by the head of the contracting activity. These notices are intended to inform and attract the maximum number of potential bidders by providing advance information about upcoming construction projects. The regulation also allows, but does not require, presolicitation notices for contracts below the threshold. Notices must be detailed and publicized in accordance with FAR 5.204, ensuring transparency and broad competition.
Key Rules
- Mandatory Presolicitation Notices for Large Construction Contracts
- Required for construction contracts over the simplified acquisition threshold unless waived; optional for smaller contracts.
- Content Requirements for Notices
- Notices must include a detailed description of the work, location, estimated price range, key dates, inspection locations, solicitation document charges, and small business restrictions.
- Publicizing Requirements
- Notices must be posted through the Governmentwide point of entry (e.g., SAM.gov) as per FAR 5.204.
Responsibilities
- Contracting Officers: Must prepare and issue presolicitation notices with all required information and ensure timely public posting unless a waiver is granted.
- Contractors: Should monitor the Governmentwide point of entry for presolicitation notices to identify upcoming opportunities.
- Agencies: Must oversee compliance with notice requirements and approve waivers when justified.
Practical Implications
- This section ensures transparency and maximizes competition for federal construction contracts.
- Contractors benefit by receiving advance notice of upcoming opportunities, allowing for better preparation.
- Common pitfalls include omitting required information or failing to post notices in a timely manner, which can delay procurement or limit competition.