5.102 Availability of solicitations
Source: FAR 5.102 on acquisition.gov
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.
(a)
(1) Except as provided in paragraph (a)(5) of this section, the contracting officer must make available through the GPE solicitations synopsized through the GPE, including specifications, technical data, and other pertinent information determined necessary by the contracting officer. Transmissions to the GPE must be in accordance with the interface description available via the Internet at https://www.sam.gov" target="_blank">https://www.sam.gov.
(2) The contracting officer is encouraged, when practicable and cost-effective, to make accessible through the GPE additional information related to a solicitation.
(3) The contracting officer must ensure that solicitations transmitted using electronic commerce are forwarded to the GPE to satisfy the requirements of paragraph (a)(1) of this section.
(4) When an agency determines that a solicitation contains information that requires additional controls to monitor access and distribution (e.g., technical data, specifications, maps, building designs, schedules, etc.), the information shall be made available through the enhanced controls of the GPE, unless an exception in paragraph (a)(5) of this section applies. The GPE meets the synopsis and advertising requirements of this part.
(5) The contracting officer need not make a solicitation available through the GPE as required in paragraph (a)(4) of this section, when-
(i) Disclosure would compromise the national security (e.g., would result in disclosure of classified information, or information subject to export controls) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception;
(ii) The nature of the file (e.g., size, format) does not make it cost-effective or practicable for contracting officers to provide access to the solicitation through the GPE; or
(iii) The agency’s senior procurement executive makes a written determination that access through the GPE is not in the Government’s interest.
(6) When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1(c), 13.106-1(b), or 13.501, redacted as necessary (see 6.305).
(b) When the contracting officer does not make a solicitation available through the GPE pursuant to paragraph (a)(5) of this section, the contracting officer-
(1) Should employ other electronic means (e.g., CD-ROM or electronic mail) whenever practicable and cost- effective. When solicitations are provided electronically on physical media (e.g., disks) or in paper form, the contracting officer must-
(i) Maintain a reasonable number of copies of solicitations, including specifications and other pertinent information determined necessary by the contracting officer (upon request, potential sources not initially solicited should be mailed or provided copies of solicitations, if available);
(ii) Provide copies on a "first-come-first-served" basis, for pickup at the contracting office, to publishers, trade associations, information services, and other members of the public having a legitimate interest (for construction, see 36.211); and
(iii) Retain a copy of the solicitation and other documents for review by and duplication for those requesting copies after the initial number of copies is exhausted; and
(2) May require payment of a fee, not exceeding the actual cost of duplication, for a copy of the solicitation document.
(c) In addition to the methods of disseminating proposed contract information in 5.101(a) and (b), provide, upon request to small business concerns, as required by http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637(b)&num=0&edition=prelim" target="_blank">15 U.S.C. 637(b)-
(1) A copy of the solicitation and specifications. In the case of solicitations disseminated by electronic data interchange, solicitations may be furnished directly to the electronic address of the small business concern;
(2) The name and telephone number of an employee of the contracting office who will answer questions on the solicitation; and
(3) Adequate citations to each applicable major Federal law or agency rule with which small business concerns must comply in performing the contract.
(d) When electronic commerce (see subpart 4.5) is used in the solicitation process, availability of the solicitation may be limited to the electronic medium.
(e) Provide copies of a solicitation issued under other than full and open competition to firms requesting copies that were not initially solicited, but only after advising the requester of the determination to limit the solicitation to a specified firm or firms as authorized under part 6.
(f) This section 5.102 applies to classified contracts to the extent consistent with agency security requirements (see 5.202(a)(1)).