ARMY AL&T
make a big difference, it may adversely affect some new potential bidder who might—if they knew what we were looking for— be able to offer the government a much better deal, propose new technology or recommend greater performance.
WHAT IS PRE-SOLICITATION? A pre-solicitation notice is a method the government uses to provide industry with information or to receive information. When the government needs information from industry for market research purposes or wants to inform industry of a govern- ment business fair, it may issue a pre-solicitation notice.
Te government may publish a pre-solicitation notice, for exam- ple, to inform industry of its small business events or conferences, to request comments on a draft solicitation, or to receive informa- tion about commercial practices before drafting a solicitation. A pre-solicitation notice is not a notice of a proposed contract action.
In April 2019, for example, the U.S. General Services Admin- istration (GSA) published a pre-solicitation notice requesting industry’s interest to provide warehouse space. Two firms protested the notice to the U.S. Government Accountability Office (GAO), complaining that the description of the require- ment restricted competition, and that the time in which the GSA required responses to the notice was too short.
Te GAO dismissed both protests because the notice was not an announcement of a government contract action. (See GAO’s decision B-417414 and B-417414.2.)
A PRE-SOLICITATION NOTICE DOES NOT ANNOUNCE A CONTRACT ACTION A request for information and a sources-sought notice are two examples of pre-solicitation notices. I wasn’t sure if it was the result of the aspirin taking effect, but my confusion was begin- ning to fade.
What is a request for information?
A request for information (RFI) simply requests information from industry. It may, for example, request information as to how commercial trash removal services assess charges for trash pickup, e.g., on a monthly basis or by weight. A request for information is not a notice of a proposed contract action in that it does not describe an agency’s actual requirement, nor is it a notice of the government’s intent to award a contract. Industry responses to the request for information are treated as information only and must not be used solely to select a firm for award of a contract.
Sources-sought notices assist the government when it conducts market research and in finding interest from capable industry sources. They also assist the contracting officer in determining if a commercial item is available to satisfy a government purchase requirement.
In 2013, for example, the Peace Corps issued a request for infor- mation that included a draft description of features it desired for an email service. Te Peace Corps received two responses to the request for information and, after evaluating both responses, modified one of its contracts to add the product that was provided by one of the firms responding to the request for information. Te other response to the RFI was submitted by a firm named Onix Networking Corp. that later protested the contract modi- fication to the GAO.
Te GAO found in this case that because the Peace Corps had not issued a solicitation that described its procurement requirement, there was no basis to conclude that Onix was incapable of meet- ing the Peace Corps’ requirements and the subsequent contract modification was improper. (See GAO’s decision B-411841.)
What is a sources-sought?
Whereas a request for information may seek to obtain commercial practices or pricing, a sources-sought may seek industry capabil- ities relative to a future requirement.
According to FAR 5.205, a sources-sought may be issued to enable potential sources to learn of research and development programs and to provide an opportunity to submit their capa- bility information.
A sources-sought notice may be published, for example, to deter- mine if a local small business market could deliver 50,000 gallons of diesel fuel within two days’ notice in case of an emergency.
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