Overview
FAR 5.203 establishes the mandatory timeframes for publicizing proposed contract actions and the minimum periods agencies must allow for contractors to submit bids or proposals. It ensures that the public has sufficient notice and a reasonable opportunity to compete for government requirements based on the acquisition's value, type, and complexity.
Key Rules
- Standard Pre-solicitation Lead Time: Agencies must generally publish a notice at least 15 days before issuing a solicitation or a sole-source intent notice.
- Minimum Response Times (Non-Commercial >SAT): For actions exceeding the Simplified Acquisition Threshold (SAT), agencies must allow at least 30 days for receipt of bids or proposals from the date of solicitation issuance.
- R&D Requirements: Proposed contract actions for Research and Development exceeding the SAT require a minimum 45-day response time from the date the notice is published.
- Commercial Products and Services: Contracting officers have flexibility to establish shorter response periods or use combined synopsis/solicitation procedures, provided they afford a "reasonable" opportunity to respond.
- Architect-Engineer (A&E) and BOAs: For actions exceeding the SAT, at least 30 days must be allowed from the publication of a notice of intent for A&E services or orders under Basic Ordering Agreements.
- Trade Agreements: Acquisitions covered by the WTO Government Procurement Agreement or Free Trade Agreements generally require a minimum 40-day response time.
- Publication Date: All times are calculated based on when the notice appears on the Governmentwide Point of Entry (GPE). Contracting officers may presume publication occurs one day after transmission to the GPE.
Practical Implications
- Procurement Lead Time (PALT): Contracting officers must build these mandatory "waiting periods" into their acquisition schedules to ensure legal compliance and avoid protests related to inadequate response times.
- Flexibility for Commercial Items: The ability to shorten response times for commercial items allows agencies to behave more like the private sector and accelerate the delivery of common goods and services.
- International Compliance: Acquisitions involving international trade partners require significantly longer solicitation windows (40 days), which can delay urgent requirements if not planned for in the annual forecast.