Overview
FAR 15.502 defines the scope of Subpart 15.5, specifying which types of federal procurement actions are subject to the regulations governing preaward/postaward notifications, debriefings, and mistake handling.
Key Rules
- Mandatory Application: The subpart strictly applies to competitive proposals (FAR 6.102(b)) and combinations of competitive procedures (FAR 6.102(c)).
- Discretionary Application: Procedures regarding award notifications, debriefings, and protests (15.504 through 15.509) should be applied to sole-source acquisitions and specific procedures like Broad Agency Announcements or Architect-Engineer services.
- Reasonable Modification: When applying these rules to sole-source or non-standard acquisitions, Contracting Officers are permitted to use "reasonable modification" to fit the specific procurement context.
Practical Implications
- Contracting Officers must provide formal debriefings and notifications for standard competitive RFPs, but they also have the latitude to adapt these transparency measures for non-competitive awards to maintain a fair procurement environment.
- Contractors should expect notification and debriefing rights to vary slightly when participating in sole-source or specialized "other competitive procedures" compared to standard Part 15 negotiations.