5.102
Availability of solicitations
FAR 5.102 requires most federal solicitations to be made publicly available through SAM.gov, with specific exceptions for security or impracticality, ensuring transparency and fair access for contractors.
Overview
FAR 5.102 outlines the requirements for making federal solicitations available to the public, primarily through the Governmentwide Point of Entry (GPE), currently SAM.gov. Contracting officers must post solicitations and related documents on the GPE unless specific exceptions apply, such as national security concerns, impracticality, or a written determination by the agency's senior procurement executive. The regulation also addresses procedures for providing solicitations by other electronic or physical means when GPE posting is not feasible, and sets requirements for making information accessible to small businesses and other interested parties.
Key Rules
- GPE Posting Requirement
- Solicitations synopsized through the GPE must be made available on the GPE, including all necessary supporting documents, unless an exception applies.
- Exceptions to GPE Posting
- Solicitations may be withheld from the GPE if posting would compromise security, is impractical, or is not in the Government’s interest (with proper documentation).
- Alternative Dissemination Methods
- If not posted on the GPE, solicitations should be distributed by other electronic or physical means, with reasonable access for interested parties.
- Small Business Access
- Small businesses must be provided with solicitations, a point of contact, and relevant legal citations upon request.
- Brand Name Justification
- Solicitations with brand name specifications must include required justifications, redacted as necessary.
Responsibilities
- Contracting Officers: Ensure solicitations are posted on the GPE or distributed by alternative means, maintain records, provide access to small businesses, and include required justifications.
- Contractors: Monitor the GPE and other channels for solicitations, request documents as needed, and comply with any access controls or fees.
- Agencies: Oversee compliance, make determinations for exceptions, and ensure security requirements are met.
Practical Implications
- This section ensures transparency and broad access to federal contracting opportunities, while allowing for exceptions to protect sensitive information. Contractors must be proactive in monitoring solicitation postings and requesting documents when not available online. Failure to comply with posting or access requirements can result in protests or missed opportunities.