Overview
FAR 15.202 outlines an optional pre-solicitation process where an agency evaluates preliminary information from potential offerors to advise them on their likelihood of being competitive before they invest significant resources in a full proposal.
Key Rules
- Presolicitation Notice: The agency must publish a notice providing a general scope of the acquisition and the specific criteria used for the initial evaluation.
- Information Requirements: Agencies may request limited data such as statements of qualifications, technical concepts, past performance, or limited pricing to facilitate an informed participation decision.
- Mandatory Written Feedback: The agency must provide a written response to every respondent, classifying them as either "invited to participate" or "unlikely to be a viable competitor."
- Basis for Opinion: For those deemed unlikely to be viable, the agency must provide a general explanation for that conclusion.
- Non-Binding Advice: Regardless of the agency’s advisory opinion, all respondents retain the legal right to participate in the resulting acquisition.
- Efficiency Constraint: This process should not be used if it results in the submission of information identical to what is required in the first step of a formal multi-step acquisition.
Practical Implications
- Cost Reduction: This process helps vendors minimize "Bid and Proposal" (B&P) costs by identifying early on if their technical approach or qualifications are unlikely to win the contract.
- Streamlined Evaluation: While the government cannot technically exclude a vendor at this stage, the advisory process effectively narrows the field to the most serious competitors, reducing the administrative burden during the formal proposal evaluation phase.