Overview
FAR 5.102 establishes the mandatory requirement for contracting officers to make solicitations and associated technical data available to the public through the Governmentwide Point of Entry (GPE), currently SAM.gov. It defines the transparency standards for federal acquisitions while providing specific exceptions for national security, technical impracticality, and limited competition.
Key Rules
- Mandatory GPE Posting: Contracting officers must provide solicitations, specifications, and pertinent technical data through the GPE for any acquisition synopsized there.
- Access Exceptions: Public GPE posting is not required if disclosure would compromise national security, if the file format/size makes electronic distribution impractical, or if the Senior Procurement Executive determines it is not in the government’s interest.
- Brand Name Justifications: If an acquisition specifies a brand name, the redacted justification (required by FAR Part 6 or 13) must be posted along with the solicitation.
- Small Business Assistance: Upon request, agencies must provide small businesses with the solicitation, a specific point of contact to answer questions, and citations to the major federal laws or agency rules applicable to the contract.
- Alternative Distribution: When GPE is not used, contracting officers should use other electronic media (e.g., email or CD-ROM) and must maintain a reasonable number of physical copies for public review on a first-come, first-served basis.
- Non-Competitive Acquisitions: For solicitations issued under other than full and open competition, the CO must provide copies to unsolicited firms upon request, provided the firm is first notified of the intent to limit competition.
Practical Implications
- Contractors can expect SAM.gov to be the "single point of truth" for all solicitation documents, including sensitive but unclassified technical data which may require specialized GPE access controls.
- Contracting Officers must ensure that any restrictions on competition or brand-name requirements are transparently documented and accessible to the public at the time of solicitation.