5.204
Presolicitation notices
Contracting officers must post presolicitation notices on the GPE before issuing solicitations to ensure transparency and fair competition.
Overview
FAR 5.204 requires contracting officers to issue presolicitation notices for proposed contract actions by making them accessible through the Governmentwide Point of Entry (GPE), such as SAM.gov. This step must occur before any solicitation is released, ensuring transparency and providing potential contractors with advance notice of upcoming opportunities. The regulation references additional requirements in FAR 15.201 (for negotiated procurements) and FAR 36.213-2 (for construction contracts), emphasizing the importance of early communication and publicizing federal contracting opportunities.
Key Rules
- Presolicitation Notice Requirement
- Contracting officers must issue a presolicitation notice via the GPE before releasing a solicitation.
- Use of GPE
- All presolicitation notices must be posted on the designated Governmentwide Point of Entry (e.g., SAM.gov).
- Reference to Related FAR Sections
- Additional requirements may apply for negotiated procurements (FAR 15.201) and construction contracts (FAR 36.213-2).
Responsibilities
- Contracting Officers: Must prepare and post presolicitation notices on the GPE before issuing solicitations and ensure compliance with related FAR sections.
- Contractors: Should monitor the GPE for presolicitation notices to identify upcoming opportunities and prepare accordingly.
- Agencies: Must oversee that presolicitation notices are properly publicized and accessible to the public.
Practical Implications
- This regulation ensures transparency and fair competition by notifying the public of upcoming federal contracting opportunities.
- Contractors who regularly monitor the GPE gain early insight into potential solicitations, improving their ability to compete.
- Failure to issue presolicitation notices as required can delay procurement actions and may result in protests or compliance issues.