Overview
FAR Subpart 5.2 prescribes the policies and procedures for publicizing "synopses" (notices) of proposed contract actions. Its primary objective is to enhance competition and improve access for small businesses by requiring agencies to transmit procurement opportunities exceeding $25,000 to the Governmentwide Point of Entry (GPE), currently SAM.gov.
Key Rules
- Mandatory Publication: Contracting Officers (COs) must synopsize proposed contract actions, or modifications for additional supplies/services, that are expected to exceed $25,000.
- Publicizing Lead Time: Agencies must publish a notice at least 15 days before issuing a solicitation, except for acquisitions of commercial products or services which allow for shorter periods or combined synopsis/solicitations.
- Standard Response Times:
- General: Agencies must typically allow at least a 30-day response time for receipt of bids or proposals for actions exceeding the Simplified Acquisition Threshold (SAT).
- R&D: Research and Development actions exceeding the SAT require a minimum 45-day response time.
- Trade Agreements: Acquisitions covered by the WTO Government Procurement Agreement require at least a 40-day response time.
- Exceptions to Synopsizing: Notices are not required for actions involving national security (classified info), unusual and compelling urgency, international agreements, utility sole sources, or orders placed under existing Indefinite Delivery/Indefinite Quantity (IDIQ) contracts.
- Noncompetitive Actions: Even if an action is noncompetitive, the CO must identify the intended source and provide a justification for the lack of competition in the synopsis.
Responsibilities
- Contracting Officers (COs):
- Responsible for transmitting notices to the GPE and ensuring the accuracy of the data (NAICS codes, descriptions, etc.).
- Must verify that the synopsis is worded to prevent the disclosure of classified information while still providing enough detail for industry to respond.
- Must establish "reasonable" response times for requirements between $25,000 and the SAT, considering complexity and urgency.
- Required to consider all capability statements or proposals received in response to a sole-source synopsis.
- Agency Heads: Must provide a written determination, in consultation with the SBA and OFPP, if they decide that advance notice is not appropriate for a specific acquisition.
- FFRDC Sponsors: Responsible for publishing three notices over a 90-day period before establishing or changing the mission of a Federally Funded Research and Development Center.
- Prime Contractors/Subcontractors: Encouraged to use the GPE to publicize subcontracting opportunities to increase participation from HUBZone, SDVOSB, and other small business concerns.
Practical Implications
- Acquisition Planning: The "15-day notice + 30-day solicitation" rule means COs must factor at least 45 days of "public time" into their procurement schedules for standard requirements.
- Market Research Tool: The "Sources Sought" (R&D) and "Special Notices" (Business Fairs) provisions allow the government to use the GPE as a market research tool to gauge industry interest before a formal solicitation is even drafted.
- Small Business Engagement: Because the GPE is the "single point of entry," small businesses can automate their business development by setting up alerts based on the specific Product Service Codes (PSC) and NAICS codes required in FAR 5.207.
- Transparency in "Bundling": The requirement to notify the public regarding contract bundling or consolidation provides a mechanism for industry to challenge acquisitions that might unfairly restrict competition.
- Electronic Presumption: COs may generally presume a notice was published one day after transmission, which protects the procurement timeline from minor technical delays in the GPE system.