5.101
Methods of disseminating information
FAR 5.101 mandates specific public notice methods for proposed federal contracts to ensure transparency and competition, with requirements varying by contract value.
Overview
FAR 5.101 outlines the required methods for disseminating information about proposed federal contract actions to ensure transparency and competition. It specifies how contracting officers must publicize solicitations based on the expected value of the contract, with distinct requirements for actions above $25,000 and those between $15,000 and $25,000. The section also details acceptable alternative methods for publicizing contract opportunities and sets limitations on paid advertisements. The goal is to provide fair notice to potential contractors, especially small businesses, and to comply with statutory requirements for publicizing federal procurement actions.
Key Rules
- Contracts Exceeding $25,000
- Must be synopsized in the Governmentwide Point of Entry (GPE), such as SAM.gov.
- Contracts Between $15,000 and $25,000
- Must be displayed in a public place or via appropriate electronic means, with specific notice requirements and posting durations.
- Exemptions apply for certain solicitation types and when electronic access is provided.
- Alternative Dissemination Methods
- May include handouts, assistance to trade associations, announcements in media, and paid advertisements (with restrictions).
- Restrictions on Paid Advertisements
- Only allowed when effective competition cannot be achieved otherwise, and with specific geographic and authorization limitations.
Responsibilities
- Contracting Officers: Must ensure proper public notice of proposed contract actions, select appropriate dissemination methods, comply with posting timelines, and observe restrictions on paid advertisements.
- Contractors: Should monitor the GPE and public postings for opportunities and respond within the specified timeframes.
- Agencies: Must oversee compliance with dissemination requirements and ensure public access to solicitation information.
Practical Implications
- Ensures equal access to contracting opportunities, particularly for small businesses.
- Non-compliance can result in protests or missed competition requirements.
- Contractors should regularly check both the GPE and local public postings for opportunities, especially for contracts below $25,000.