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    It has been brought up that sole source solicitations are required to be posted to GPE in accordance with FAR 5.102 (a)(1) which reads - “the contracting officer must make available through the GPE solicitations synopsized through the GPE.” I understand the justification must be posted IAW FAR part 6, and an intent to sole source must be posted, Does a sole source solicitation need to be posted to GPE, if so, for how long?


    Answer

    It's not entirely clear. FAR 5.102(a)(1) states that unless one of the exceptions at FAR 5.102(a)(5) exists (sole source is not one of the exceptions), the solicitation should be posted. A primary purpose for doing so would be for small businesses to learn specifics about potential subcontracting/supplier opportunities with the sole source prime contractor. On the other hand, 5.102(e) states "Provide copies of a solicitation issued under other than full and open competition to firms requesting copies..." which implies the solicitation had not been posted to the GPE. There was also a court decision (DIGITALIS EDUCATION SOLUTIONS v. U.S.) which ruled that for a sole source acquisition, the synopsis is analogous to an RFP.

    Considering the foregoing information, the contracting officer may want to use his/her business judgement to determine whether to post the solicitation.

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