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section5.204

Presolicitation notices

Overview

This section mandates that contracting officers publicize notice of a planned contract action through the Governmentwide Point of Entry (GPE) prior to releasing the actual solicitation.

Key Rules

  • Mandatory GPE Access: Contracting officers must provide access to presolicitation notices specifically through the GPE (SAM.gov).
  • Mandatory Synopsis: A synopsis of the proposed contract action must be published before the resulting solicitation is issued.
  • Regulatory Consistency: Procedures must align with standards for industry exchanges (FAR 15.201) and specific requirements for construction contracting (FAR 36.213-2).

Practical Implications

  • This rule ensures market transparency by preventing agencies from issuing solicitations without prior public warning, allowing contractors time to prepare for upcoming bids.
  • Failure to synopsize a requirement before issuing a solicitation can be grounds for a pre-award protest based on a violation of FAR publicizing requirements.

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