Application of 15.503(a)(2) to Small Business Set-Asides under Part 12?

[LadyS_CO]

FAR Part 12 is silent with regards to notification to unsuccessful offerors. However, under FAR Part 15 acquisitions, not only is the CO required to notify unsuccessful offerors (15.503), but are also required to specifically notify unsuccessful offerors for small business set-asides. Under FAR 15.503(a)(2) the CO must disclose the apparently successful offeror and provide an opportunity to all offerors to protest the size status of the business in accordance with FAR 19.302.

In reading FAR 19.302, it specifically calls out FAR Parts 14 and 15 regarding the protest period, but does not speak to FAR Part 12 at all.

Based on reading the regulation, it does not appear that awards made under FAR Part 12 require a pre-award notification to unsuccessful offerors (small business or otherwise).

Let me point out that the acquisition I'm referencing is a large (>$50M ID/IQ) LPTA award for commercial "widgets". Thoughts?

[ji20874]

If you're talking about a large task order award the fair opportunity to be considered for multiple-award IDIQ contracts, there are no pre-award notices to anyone, and post-award notices only for task order awards over $5 Million. See FAR 16.505( b )( 4 ).

If you're talking about the award of a new IDIQ "parent" contract, then you're using FAR Part 12 in conjunction with FAR Part 15. See FAR 12.102( b ). The pre-award notice requirement of FAR 15.503( a )( 2 ) does apply if any of the conditions in 15.503( a )( 2 )( i )( A ) through ( D ) exist.

[Guest Vern Edwards]

This kind of question seems to come up a lot. Everyone needs to get this straight -- the procedures for selecting contractors and awarding contracts other than two-phase design-build or architect-engineer contracts are in FAR Parts 13, 14, and 15. FAR Part 12 covers solicitation preparation, but not contractor selection and contract award.

If you are going to award a contract for commercial items (as opposed to placing an order under an FSS contract, GWAC, or MAC) then you must use the procedures in FAR Part 13, 14, or 15. One of those three must apply. See FAR 12.102(. If the procurement is not to be conducted under FAR Part 13 or 14, then it must be conducted under FAR Part 15, which means that the notification and debriefing rules in FAR Subpart 15.5 do apply.

In short, it is never a matter of Part 12 or Part 13, 14, or 15. It is always a matter of Part 12 and 13, 14, or 15.

[LadyS_CO]

Thank you both for your feedback. FAR 12.203 states (as Vern has pointed out above) that COs shall use procedures in Parts 13, 14, or 15 in conjunction with Part 12. Then it states that the CO may use the streamlined procedures in FAR 12.603.

Does the above still hold true if the streamlined procedures under FAR Subpart 12.6 are being followed?

[ji20874]

Yes. Even if you use FAR 12.603 for your solicitation, you still must use FAR Part 15's notice and debriefing rules if you're using FAR Part 12 in conjunction with FAR Part 15.