Overview
FAR 5.205 outlines specific publicizing requirements and procedures for unique procurement scenarios, such as Research and Development (R&D), Architect-Engineering services, and set-aside programs. It provides contracting officers with the criteria for when and how to notify the public about specialized government interests, industry events, and organizational changes like the establishment of FFRDCs.
Key Rules
- Research and Development (R&D): Contracting officers (COs) may post "Research and Development Sources Sought" notices to identify potential competition; however, subsequent solicitations must still be synopsized unless an exception applies.
- FFRDCs: Establishing or changing the mission of a Federally Funded Research and Development Center requires three notices in the GPE and Federal Register over a 90-day period.
- Architect-Engineering (A&E) Services: Synopsis in the GPE is mandatory for actions exceeding $25,000; actions between $20,000 and $25,000 require public display in the contracting office.
- 8(a) Competitive Acquisitions: Synopses must be transmitted to the GPE and include specific details regarding NAICS codes and whether eligibility is restricted to certain developmental stages.
- Public-Private Competitions (OMB Circular A-76): Formal public announcements are mandatory at both the start of a competition and at the final performance decision.
- Bundling and Consolidation: Agencies must provide public notification regarding the rationale for bundled requirements and comply with specific notification links for substantial bundling.
- Special Notices: COs are authorized to use the GPE to publicize non-solicitation events such as business fairs, pre-proposal conferences, and the availability of draft solicitations.
Practical Implications
- Market Research & Planning: For specialized fields like R&D and A&E, these rules require COs to engage the market earlier and more specifically than in standard commodity buys to ensure a sufficient competitive base.
- Compliance Risk: Failure to adhere to the specific 90-day notification window for FFRDCs or the specific 8(a) eligibility language can lead to procedural delays or bid protests based on improper publicizing.