Overview
FAR Subpart 5.1 prescribes the methods and procedures by which contracting officers must notify the public of proposed contract actions. Its primary objective is to enhance competition and provide small business concerns with the information necessary to participate in government procurement through the Governmentwide Point of Entry (GPE), currently SAM.gov.
Key Rules
- Threshold-Based Dissemination:
- Over $25,000: Contracting officers must synopsize the proposed action in the GPE.
- $20,000 to $25,000: Must display a notice in a public place or via electronic means for at least 10 days (or until quotations are opened, whichever is later).
- Accessibility of Solicitations: Solicitations synopsized in the GPE must generally be available through the GPE, including technical data and specifications.
- Exceptions to GPE Posting: Posting is not required if disclosure would compromise national security, if the file nature makes it impractical (e.g., massive file size), or if the Senior Procurement Executive determines it is not in the government’s interest.
- Brand Name Requirements: If an acquisition uses brand name specifications, the redacted justification or documentation must be included with the solicitation.
- Paid Advertisements: These are strictly controlled and only permitted when effective competition cannot be obtained otherwise; specific restrictions apply to advertisements in District of Columbia newspapers.
- Small Business Support: Agencies must provide small businesses with a copy of the solicitation, a point of contact for questions, and citations to applicable federal laws/rules upon request.
Responsibilities
- Contracting Officers:
- Determine the appropriate method of dissemination based on dollar value.
- Ensure solicitations and specifications are uploaded to the GPE.
- Implement "enhanced controls" for sensitive but unclassified information (e.g., building designs).
- Provide copies of solicitations to non-solicited sources on a "first-come, first-served" basis if not available electronically.
- Redact and post brand-name justifications.
- Senior Procurement Executive:
- Provides written determination if GPE access is deemed not to be in the government's interest.
- Small Business Concerns:
- Entitled to request specific assistance, including names of agency employees to answer solicitation questions.
Practical Implications
- Transparency for Mid-Tier Buys: The requirement to post notices for requirements between $20k and $25k ensures that "micro-purchases" approaching the simplified acquisition threshold are still visible to local or specialized vendors, even if they aren't large enough to require a full SAM.gov synopsis.
- Digital Centralization: In the modern era, physical posting in a "public place" at a government installation is largely replaced by electronic notices, making SAM.gov the critical hub for all vendor business development activities.
- Justification Visibility: Because brand-name justifications must be posted alongside the solicitation, competitors have the immediate opportunity to see the government’s rationale and, if appropriate, challenge the restrictive nature of the requirement.
- Security vs. Access: Contracting officers must balance the "need to know" with public access. While national security is a valid exception, the FAR clarifies that the mere need for a clearance to perform the work does not automatically exempt the solicitation from being posted publicly.