5.203
Publicizing and response time
FAR 5.203 requires agencies to provide advance public notice and reasonable response times for proposed contract actions, with specific minimum periods based on contract type and value to ensure fair competition.
Overview
FAR 5.203 establishes the requirements for publicizing proposed contract actions and setting appropriate response times for solicitations. It outlines when and how agencies must publish notices on the Governmentwide Point of Entry (GPE), the minimum timeframes for public notice and response, and exceptions for commercial products/services and certain international agreements. The regulation ensures transparency and fair opportunity for potential offerors by mandating advance notice and reasonable response periods based on contract type, value, and complexity.
Key Rules
- Notice Publication Timing
- Agencies must publish a notice of proposed contract action on the GPE at least 15 days before issuing a solicitation or negotiating with a single source, with exceptions for commercial acquisitions.
- Solicitation Response Time
- Contracting officers must set reasonable response times for solicitations over $25,000, considering acquisition complexity and urgency.
- Minimum Response Times
- At least 30 days for solicitations exceeding the simplified acquisition threshold (SAT), except for commercial items.
- At least 30 days for architect-engineer services or orders under certain agreements exceeding the SAT.
- At least 45 days for research and development actions exceeding the SAT.
- At least 40 days for acquisitions under WTO GPA or Free Trade Agreements, with possible reduction to 10 days if forecasted.
- Publication Presumption
- Officers may presume notice publication one day after GPE transmission unless evidence shows otherwise.
Responsibilities
- Contracting Officers: Ensure timely publication, set appropriate response times, and adjust deadlines if publication is delayed.
- Contractors: Monitor GPE for notices and respond within specified timeframes.
- Agencies: Oversee compliance with publication and response requirements, especially for international agreements.
Practical Implications
- Promotes competition and transparency by providing adequate notice and response time.
- Contractors must be vigilant about deadlines and exceptions, especially for commercial and international procurements.
- Delays or errors in publication can impact solicitation timelines and compliance.