Overview
FAR Part 5 prescribes the policies and procedures for publicizing contract opportunities and award information. Its primary objective is to increase competition, broaden industry participation, and ensure that small and disadvantaged business concerns have a fair opportunity to obtain government contracts and subcontracts.
Key Rules
- Governmentwide Point of Entry (GPE): The official website for all federal procurement notices is SAM.gov.
- Threshold Requirements:
- Over $25,000: Proposed contract actions must be synopsized (posted) to the GPE.
- $20,000 to $25,000: Must be publicized through a public display at the contracting office or via electronic means for at least 10 days.
- Publicizing Timeframes:
- Pre-Solicitation: A notice must be published at least 15 days before the issuance of a solicitation.
- Response Time: Generally, for actions exceeding the Simplified Acquisition Threshold (SAT), agencies must allow at least 30 days for bids or proposals.
- Research & Development (R&D): Requires a minimum 45-day response time for actions exceeding the SAT.
- Exceptions to Publicizing: Notices are not required if disclosure would compromise national security, in cases of unusual and compelling urgency, for certain utility services, or for orders placed under existing indefinite-delivery contracts (FAR 16.5).
- Commercial Products/Services: Contracting Officers have more flexibility, including the ability to use a combined synopsis/solicitation and shorter response times.
Responsibilities
- Contracting Officers (CO):
- Determining the appropriate method and timing for disseminating information.
- Transmitting notices to the GPE and ensuring they contain the mandatory data elements (e.g., NAICS code, description, closing date).
- Redacting justifications for "brand name" requirements before posting.
- Maintaining copies of solicitations for manual distribution if the GPE is not used.
- Senior Procurement Executive: Responsible for making written determinations when it is not in the Government’s interest to provide solicitation access through the GPE.
- Contractors/Subcontractors: Encouraged (and sometimes required) to use the GPE to publicize subcontracting opportunities to increase participation by small businesses.
Practical Implications
FAR Part 5 acts as the "transparency engine" of federal procurement. For Contracting Officers, it creates a mandatory lead time in the acquisition lifecycle; a project cannot simply "go live" without the 15-day synopsis period, which must be factored into the project schedule to avoid delays. For Industry, specifically small businesses, this part ensures a "level playing field" by centralizing opportunities on SAM.gov.
In real-world scenarios, failure to comply with these publicizing requirements is a common ground for bid protests. If a CO fails to post a notice for the required duration, it can be argued that the government restricted competition. Conversely, the use of "Sources Sought" notices (under FAR 5.205) serves as a vital market research tool that allows the government to gauge whether a "Small Business Set-Aside" is feasible before committing to a formal solicitation.