[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR5.102]



[Page 85-86]

 

            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 86]]



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]