FAR 14.105—Solicitations for informational or planning purposes.
Plain-English Summary
FAR 14.105 is a short cross-reference provision that tells readers that when the Government uses an invitation for bids or other solicitation document for informational or planning purposes, the controlling guidance is found in FAR 15.201(e), not in the sealed bidding rules themselves. In practical terms, this section addresses the use of solicitation materials to obtain market information, support acquisition planning, or communicate with industry without creating a binding procurement action. It matters because agencies sometimes issue draft solicitations, sources sought notices, or other bid-like documents to test requirements, estimate prices, or improve competition, and they must do so in a way that avoids confusion about whether the Government is actually soliciting offers. The section therefore serves as a pointer to the broader policy on exchanges with industry and pre-solicitation communications. For contractors, it signals that such documents may be informational only and may not lead directly to award or create entitlement to compensation, proposal costs, or a contract. For contracting officers and acquisition teams, it reinforces the need to clearly label and manage these communications so they support planning without unintentionally triggering procurement obligations or protest risk.
Key Rules
Cross-reference to FAR 15.201(e)
This section does not itself set out detailed procedures; it directs users to FAR 15.201(e) for the rules governing solicitations used for informational or planning purposes. The operative requirements are therefore the pre-solicitation communication rules in Part 15, not the sealed bidding procedures in Part 14.
Informational use only
When a solicitation-like document is issued for planning or market research, it is meant to gather information, not to make a binding offer or commit the Government to award. The document should be treated as a planning tool unless the agency clearly states otherwise.
Avoiding procurement confusion
The Government must make clear whether the document is a true solicitation or only a request for information, draft, or planning input. Clear labeling and instructions help prevent contractors from assuming they are submitting bids or offers that will be evaluated for award.
Subject to pre-solicitation policy
The use of solicitation materials for planning purposes must align with the broader policy on exchanges with industry, including fairness, transparency, and protection of competition. Agencies should ensure the communication does not give one firm an improper advantage or create the appearance of a de facto competition.
Responsibilities
Contracting Officer
Ensure any solicitation issued for informational or planning purposes is clearly identified and handled under the applicable pre-solicitation guidance in FAR 15.201(e). The contracting officer must avoid language or conduct that could mislead vendors into believing the Government is making a binding solicitation or that award is imminent.
Acquisition Team / Agency
Use the document to support market research, acquisition planning, or requirement refinement, and maintain consistency with the agency’s procurement strategy. The agency should coordinate communications so the information collected can be used appropriately without compromising competition or source selection integrity.
Contractor / Vendor
Read the document carefully to determine whether it is informational only or a true solicitation, and respond accordingly. Vendors should not assume they are submitting a bid or offer unless the Government expressly states that the document is a solicitation for award purposes.
Practical Implications
This section is mainly a pointer, so users must look to FAR 15.201(e) for the real operating rules; relying on Part 14 alone can lead to mistakes.
A common pitfall is treating a draft or planning solicitation as if it were a live procurement, which can cause wasted proposal effort or misunderstandings about deadlines and evaluation.
Contracting officers should use clear disclaimers and labels to avoid ambiguity about whether responses are informational, advisory, or binding.
Contractors should confirm the status of any solicitation-like notice before investing significant proposal resources or assuming protest rights tied to a formal competition.
Because these communications can shape later competition, agencies should manage them carefully to avoid unequal access to information or the appearance of favoritism.
Official Regulatory Text
(See 15.201 (e).)