General
Federal agencies must publicly announce most proposed contract actions on SAM.gov to promote transparency, competition, and small business participation.
Overview
FAR 5.201 establishes the general requirement for federal agencies to publicly announce proposed contract actions through notices on the Governmentwide Point of Entry (GPE), primarily https://www.sam.gov. This requirement is rooted in the Small Business Act and the Office of Federal Procurement Policy Act, aiming to promote transparency, competition, and small business participation in federal contracting. The section outlines when and how contracting officers must transmit notices for acquisitions of supplies and services, including modifications, unless exceptions or special situations apply. Notices must be posted for actions meeting the threshold in FAR 5.101(a)(1), for modifications meeting the same threshold, or for any contract action if it benefits the government. Electronic transmission of notices must ensure delivery to the GPE. The primary goals are to increase small business access to procurement information and foster competitive contracting opportunities.
Key Rules
- Notice Requirement
- Agencies must make proposed contract actions publicly available via the GPE, except where exceptions or special situations apply.
- Thresholds for Notice
- Notices are required for contract actions and modifications meeting the threshold in FAR 5.101(a)(1), or for any amount if advantageous to the government.
- Electronic Transmission
- Notices sent electronically must be properly forwarded to the GPE.
- Purpose of Notices
- Notices are intended to improve small business access and enhance competition.
Responsibilities
- Contracting Officers: Must identify applicable contract actions, ensure timely and accurate notice transmission to the GPE, and verify compliance with thresholds and exceptions.
- Contractors: Should monitor the GPE for opportunities and understand the notice process to identify potential solicitations.
- Agencies: Must oversee compliance with public notice requirements and facilitate transparency in procurement.
Practical Implications
- This section ensures that federal contract opportunities are visible to the public, especially small businesses, supporting fair competition.
- Failure to post required notices can result in protests or missed opportunities for small businesses.
- Contracting professionals must be diligent in determining when notices are required and in using the correct electronic systems for posting.