Special situations
FAR 5.205 mandates specific public notice procedures for special contracting situations to ensure transparency, competition, and public awareness.
Overview
FAR 5.205 outlines special public notice requirements for unique contracting situations, supplementing general synopsis rules. It covers advance notices for R&D, establishing or changing Federally Funded Research and Development Centers (FFRDCs), special procurement notices, architect-engineering services, public-private competitions under OMB Circular A-76, 8(a) competitive acquisitions, notifications regarding consolidation or bundling, and construction contract change order definitization. The section ensures transparency, competition, and public awareness in these specialized procurement scenarios by mandating specific publication and notification procedures, often via the Governmentwide Point of Entry (GPE) and, in some cases, the Federal Register.
Key Rules
- R&D Advance Notices
- Contracting officers may issue advance notices titled "Research and Development Sources Sought" when market research is insufficient, enabling potential sources to express interest and demonstrate capabilities.
- FFRDC Establishment/Change
- Agencies must publish at least three notices over 90 days in the GPE and Federal Register before establishing or changing the mission of an FFRDC, unless required by law.
- Special Notices
- Contracting officers may issue special notices for events like business fairs, prebid conferences, or draft solicitations.
- Architect-Engineering Services
- Notices must be published for contracts exceeding $25,000; for $20,000-$25,000, alternate publicizing methods apply.
- Public-Private Competitions (A-76)
- Formal public announcements are required at the start and end of streamlined or standard competitions.
- Section 8(a) Competitive Acquisition
- Synopses must be published for 8(a) competitions, including specific eligibility and NAICS code information.
- Consolidation/Bundling Notifications
- Agencies must notify the public of consolidated or bundled requirements per FAR 7.107-5.
- Construction Change Order Definitization
- Notices must include information on timely definitization of equitable adjustments for small business construction contracts.
Responsibilities
- Contracting Officers: Must ensure timely and accurate publication of required notices, include all mandated information, and consider responses from potential sources.
- Contractors: Should monitor the GPE and Federal Register for relevant notices and respond promptly to opportunities.
- Agencies: Must oversee compliance with notice requirements and ensure transparency in special procurement situations.
Practical Implications
This section promotes competition and transparency in specialized contracting scenarios, helping agencies reach a broader pool of vendors and ensuring public awareness. Failure to comply can result in missed opportunities, protests, or delays. Contractors should be proactive in monitoring notices and responding to relevant opportunities.