Special situations
FAR 5.205 mandates specific public notice requirements for special contracting situations to ensure transparency, competition, and informed participation by potential offerors.
Overview
FAR 5.205 outlines special publicizing requirements for unique contracting situations, ensuring transparency and competition in government procurement. 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 notices about equitable adjustments for construction contracts. The section prescribes when and how contracting officers must publish notices to the Governmentwide Point of Entry (GPE) and, in some cases, the Federal Register, to inform potential offerors and the public about upcoming opportunities or changes.
Key Rules
- R&D Advance Notices
- When market research is insufficient, contracting officers may issue "Research and Development Sources Sought" notices via the GPE, including contact information and project details, to identify capable sources.
- FFRDC Notices
- Agencies must publish three notices over 90 days in the GPE and Federal Register before establishing or changing an FFRDC, unless required by law.
- Special Notices
- Contracting officers may publicize events like business fairs, prebid conferences, and draft solicitations via the GPE.
- Architect-Engineering Services
- Notices must be published for contracts exceeding $25,000; for $15,000-$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.
- 8(a) Competitive Acquisitions
- Synopses must be published for 8(a) set-asides, including NAICS code and eligibility details.
- Consolidation/Bundling Notifications
- Agencies must notify the public of consolidated or bundled requirements and are encouraged to provide rationale.
- Construction Contract Change Orders
- Solicitations for small business construction contracts must include information on definitization of equitable adjustments for change orders.
Responsibilities
- Contracting Officers: Must ensure timely and accurate publication of required notices, include all mandated information, and follow specific procedures for each special situation.
- Contractors: Should monitor the GPE and other public sources for relevant notices and respond promptly to opportunities or requests for information.
- Agencies: Must comply with notice requirements, especially for FFRDCs and bundled contracts, and solicit public comments when required.
Practical Implications
- This section ensures transparency and maximizes competition in special contracting scenarios.
- Failure to comply can result in missed opportunities, protests, or delays.
- Contractors should be proactive in monitoring notices and responding to sources sought or special announcements.