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Sources Sought / Synopsis / Presolicitation Notice


CON46

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Our office has a difference of opinion regarding the Sources Sought Notice/Synopsis that I am hoping this board can resolve.

We understand that a Sources Sought notice also known as a Sources Sought Synopsis is used to gather information on potential offerors when a government intends to issue an award. The purpose of the Sources Sought notice is to increase competition and small business participation. The advanced notice, when posted on the GPE of a pending contract action, qualifies as a synopsis.

Having said that, I have seen multiple FBO posting that call out a "Sources Sought / Presolicitation Notice" or "Combined Sources Sought / Solicitation Notice". I have also seen the Sources Sought referred to merely as a market research tool.

As such, is a Sources Sought Notice/Synopsis also considered a Presolicitation Notice which would satisfy the posting requirements under FAR 5.204?

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Guest Vern Edwards

If a synopsis contains the information required by FAR 5.207, then it satisfies the requirement for a "notice of proposed contract action" as required by FAR 5.101 5.201. If access to that notice is provided through the GPE, then it meets the requirement in FAR 5.204. In short, any notice that contains the information in FAR 5.207 satisfies the requirement for a presolicitation notice. I don't see any reason why that kind of notice cannot also seek sources for a contract action.

I hope your office has not spent a lot of time debating its difference of opinion in this matter. That would have been silly.

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Vern, thank you for the clarification.

Our office procedures have been to do a Sources Sought notice to gather interested sources for market research then after the acquisition plan is approved, post a presolicitation notice. Although I see nothing wrong with this approach, it adds time to our acquisition milestones which in turn may be detrimental to staying on schedule. However, since there seems to be no written internal policies that say otherwise, incorporating the Sources Sought notice into the Presolicitation notice may be of significant benefit where acquisitions may be behind.

Thanks again.

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Guest Vern Edwards

Traditionally, a sources sought synopsis is sent out long before the presoliciation notice, because the information received in response is used to develop the acquisition and source selection plans prior to developing the solicitation. As for combining the sources sought and presolicitation notice, my reaction is to ask why you want to wait so long for the sources sought information. I don't really want you to respond or explain. I'm just telling you my reaction based on my own use of sources sought synopses. I want the sources sought info long before I'm ready to issue a solicitation. But then, I'm big on planning.

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Side topic, just out of curiosity: What do you call the notice/synopsis if you have an acquisition that is anticipated to be a sole source award?

One school of thought is that since you are not looking for other sources your synopsis should be called a Presolicitation Notice and the comapny whom you intend to award to should not be listed.

Another opinion is that you should call the notice a Sources Sought Synopsis that states your intent to make a sole source award to a particular company. (The purpose of naming the company is so that small businesses can contact the company to express their interest).

Of course IAW 5.207 a statement that all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency, would also be included.

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Side topic, just out of curiosity: What do you call the notice/synopsis if you have an acquisition that is anticipated to be a sole source award?

One school of thought is that since you are not looking for other sources your synopsis should be called a Presolicitation Notice and the comapny whom you intend to award to should not be listed.

Another opinion is that you should call the notice a Sources Sought Synopsis that states your intent to make a sole source award to a particular company. (The purpose of naming the company is so that small businesses can contact the company to express their interest).

Of course IAW 5.207 a statement that all responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency, would also be included.

It depends on why you're publishing the notice and what your intent is. If you're publishing it to comply with FAR 5.201/203, then Presolicitation Notice is fine. Why would you want to call it a Sources Sought synopsis if you're actually not seeking sources?

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