36.213-2 Presolicitation notices
Source: FAR 36.213-2 on acquisition.gov
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.
(a) Unless the requirement is waived by the head of the contracting activity or a designee, the contracting officer shall issue presolicitation notices on any construction requirement when the proposed contract is expected to exceed the simplified acquisition threshold. Presolicitation notices may also be used when the proposed contract is not expected to exceed the simplified acquisition threshold. These notices shall be issued sufficiently in advance of the invitation for bids to stimulate the interest of the greatest number of prospective bidders.
(b) Presolicitation notices must-
(1) Describe the proposed work in sufficient detail to disclose the nature and volume of work (in terms of physical characteristics and estimated price range) (see 36.204);
(2) State the location of the work;
(3) Include tentative dates for issuing invitations, opening bids, and completing contract performance;
(4) State where plans will be available for inspection without charge;
(5) Specify a date by which requests for the invitation for bids should be submitted;
(6) State whether award is restricted to small businesses;
(7) Specify any amount to be charged for solicitation documents; and
(8) Be publicized through the Governmentwide point of entry in accordance with 5.204.