FAR 15.202—Advisory multi-step process.
Plain-English Summary
FAR 15.202 describes the advisory multi-step process, which is a pre-solicitation screening approach an agency may use to help potential offerors judge whether they are likely to be competitive before they invest heavily in a full proposal. It covers when an agency may publish a presolicitation notice, what that notice must contain, what kinds of information the agency may ask for, how the agency must evaluate responses, and how it must notify respondents of the results. The section also explains that the notice must give enough information for a potential offeror to decide whether to participate, and it warns against using this process in a way that duplicates information already required in a multi-step acquisition. In practice, this provision is meant to reduce unnecessary proposal costs, improve market efficiency, and give industry an early read on whether its capabilities appear aligned with the acquisition. At the same time, it preserves competition by making clear that the Government’s advisory opinion does not bar any respondent from later competing in the actual acquisition.
Key Rules
Optional presolicitation notice
The agency may publish a presolicitation notice under FAR 5.204 to describe the acquisition at a general level and invite potential offerors to submit information for an advisory viability review. This is permissive, not mandatory, and is intended to support early market screening.
Notice must state what to submit
The presolicitation notice should identify the information offerors must provide and the criteria the agency will use for the initial evaluation. The notice must contain enough detail for a potential offeror to make an informed decision about whether to participate.
Limited information may be requested
The agency may limit the requested information to a statement of qualifications and other appropriate material, such as a proposed technical concept, past performance, and limited pricing information. The point is to gather enough data to assess likely competitiveness without requiring a full proposal.
Avoid duplication in multi-step buys
The advisory multi-step process should not be used where it would force offerors to submit the same information in response to both the notice and the initial step of the acquisition. The process should add value, not create redundant submission burdens.
Evaluate only against stated criteria
The agency must evaluate all responses using the criteria identified in the notice. This protects fairness and ensures respondents are judged on the basis they were told to expect.
Written advice to each respondent
The agency must notify each respondent in writing whether it will be invited to participate in the resultant acquisition or whether it appears unlikely to be a viable competitor. Respondents found not likely to be viable must receive the general basis for that view.
Advice is not a bar to competition
The agency must tell all respondents that they may still participate in the resultant acquisition even if the Government advised them they were unlikely to be viable competitors. The advisory determination does not disqualify a firm from competing.
Responsibilities
Agency
Decide whether to use the advisory multi-step process; publish a presolicitation notice when appropriate; ensure the notice includes enough information, submission requirements, and evaluation criteria; evaluate all responses consistently with the stated criteria; and provide written notifications and the general basis for any negative viability assessment.
Contracting Officer
Ensure the presolicitation notice is properly drafted and sufficiently informative; confirm the requested information is limited and relevant; oversee evaluation for consistency with the notice; and communicate the advisory results to each respondent, including the statement that respondents may still compete later.
Potential Offeror / Respondent
Review the presolicitation notice, decide whether to participate, submit the requested information if choosing to respond, and understand that an unfavorable advisory opinion does not prevent later participation in the acquisition.
Practical Implications
This process can save industry time and money by giving an early signal about whether a firm appears competitive before a full proposal is required.
Agencies must be careful not to turn the advisory notice into a de facto first proposal step that duplicates later submission requirements, especially in multi-step acquisitions.
The evaluation criteria in the notice matter a great deal; if the agency strays from them, the process can become unfair or vulnerable to challenge.
A negative advisory response is not a rejection from the procurement, so contractors should not treat it as a disqualification or stop tracking the acquisition.
Because the agency must provide only the general basis for a non-viability view, contractors may need to infer what to improve and should use the feedback to refine their technical approach, past performance presentation, or pricing strategy.
Official Regulatory Text
(a) The agency may publish a presolicitation notice (see 5.204 ) that provides a general description of the scope or purpose of the acquisition and invites potential offerors to submit information that allows the Government to advise the offerors about their potential to be viable competitors. The presolicitation notice should identify the information that must be submitted and the criteria that will be used in making the initial evaluation. Information sought may be limited to a statement of qualifications and other appropriate information ( e.g., proposed technical concept, past performance, and limited pricing information). At a minimum, the notice shall contain sufficient information to permit a potential offeror to make an informed decision about whether to participate in the acquisition. This process should not be used for multi-step acquisitions where it would result in offerors being required to submit identical information in response to the notice and in response to the initial step of the acquisition. (b) The agency shall evaluate all responses in accordance with the criteria stated in the notice, and shall advise each respondent in writing either that it will be invited to participate in the resultant acquisition or, based on the information submitted, that it is unlikely to be a viable competitor. The agency shall advise respondents considered not to be viable competitors of the general basis for that opinion. The agency shall inform all respondents that, notwithstanding the advice provided by the Government in response to their submissions, they may participate in the resultant acquisition.