[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR5.102]

[Page 82-83]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 5_PUBLICIZING CONTRACT ACTIONS--Table of Contents
 
                Subpart 5.1_Dissemination of Information
 
Sec.  5.102  Availability of solicitations.

    (a)(1) Except as provided in paragraph (a)(4) of this section, the 
contracting officer must make available through the GPE solicitations 
synopsized through the GPE, including specifications and other pertinent 
information determined necessary by the contracting officer. 
Transmissions to the GPE must be in accordance with the interface 
description available via the Internet at http://www.fedbizopps.gov.
    (2) The contracting officer is encouraged, when practicable and 
cost-effective, to make accessible through the GPE additional 
information related to a solicitation.
    (3) The contracting officer must ensure that solicitations 
transmitted to

[[Page 83]]

FACNET are forwarded to the GPE to satisfy the requirements of paragraph 
(a)(1) of this section.
    (4) The contracting officer need not make a solicitation available 
through the GPE when--
    (i) Disclosure would compromise the national security (e.g., would 
result in disclosure of classified information) or create other security 
risks. The fact that access to classified matter may be necessary to 
submit a proposal or perform the contract does not, in itself, justify 
use of this exception;
    (ii) The nature of the file (e.g., size, format) does not make it 
cost-effective or practicable for contracting officers to provide access 
through the GPE;
    (iii) The agency's senior procurement executive makes a written 
determination that access through the GPE is not in the Government's 
interest; or
    (iv) The contracting office lacks the capability to access the GPE 
and the synopsis is issued prior to October 1, 2001.
    (b) When the contracting officer does not make a solicitation 
available through the GPE pursuant to paragraph (a)(4) of this section, 
the contracting officer--
    (1) Should employ other electronic means (e.g., CD-ROM or electronic 
mail) whenever practicable and cost-effective. When solicitations are 
provided electronically on physical media (e.g., disks) or in paper 
form, the contracting officer must--
    (i) Maintain a reasonable number of copies of solicitations, 
including specifications and other pertinent information determined 
necessary by the contracting officer (upon request, potential sources 
not initially solicited should be mailed or provided copies of 
solicitations, if available);
    (ii) Provide copies on a ``first-come-first-served'' basis, for 
pickup at the contracting office, to publishers, trade associations, 
information services, and other members of the public having a 
legitimate interest (for construction, see 36.211); and
    (iii) Retain a copy of the solicitation and other documents for 
review by and duplication for those requesting copies after the initial 
number of copies is exhausted; and
    (2) May require payment of a fee, not exceeding the actual cost of 
duplication, for a copy of the solicitation document.
    (c) In addition to the methods of disseminating proposed contract 
information in 5.101(a) and (b), provide, upon request to small business 
concerns, as required by 15 U.S.C. 637(b)--
    (1) A copy of the solicitation and specifications. In the case of 
solicitations disseminated by electronic data interchange, solicitations 
may be furnished directly to the electronic address of the small 
business concern;
    (2) The name and telephone number of an employee of the contracting 
office who will answer questions on the solicitation; and
    (3) Adequate citations to each applicable major Federal law or 
agency rule with which small business concerns must comply in performing 
the contract.
    (d) When electronic commerce (see subpart 4.5) is used in the 
solicitation process, availability of the solicitation may be limited to 
the electronic medium.
    (e) Provide copies of a solicitation issued under other than full 
and open competition to firms requesting copies that were not initially 
solicited, but only after advising the requester of the determination to 
limit the solicitation to a specified firm or firms as authorized under 
part 6.
    (f) This section 5.102 applies to classified contracts to the extent 
consistent with agency security requirements (see 5.202(a)(1)).

[66 FR 27409, May 16, 2001]