FAR 36.213-2—Presolicitation notices.
Plain-English Summary
FAR 36.213-2 governs presolicitation notices for construction acquisitions and explains when they are required, when they are optional, and what information they must contain. The section applies to construction requirements expected to exceed the simplified acquisition threshold, unless the requirement is waived by the head of the contracting activity or a designee, and it also allows use of presolicitation notices for smaller construction buys when the contracting officer believes advance notice will be useful. Its purpose is to give industry early visibility into upcoming construction opportunities, broaden competition, and help attract the greatest number of prospective bidders before the invitation for bids is issued. In practice, this section requires the contracting officer to publicize the notice early enough to generate interest and to include enough detail about the work, location, schedule, plan availability, bid-request deadline, small business restriction, document charges, and public posting method so potential bidders can decide whether to participate. It also ties the notice to the Governmentwide point of entry, making public notice a formal part of the acquisition planning and solicitation process for construction procurements.
Key Rules
Required for larger construction buys
Unless waived by the head of the contracting activity or a designee, the contracting officer must issue a presolicitation notice for any construction requirement expected to exceed the simplified acquisition threshold. This makes advance notice the default for larger construction acquisitions.
Optional for smaller buys
Presolicitation notices may also be used when the proposed construction contract is not expected to exceed the simplified acquisition threshold. Even when not mandatory, the notice can be used to increase market awareness and competition.
Issue early enough
The notice must be issued sufficiently in advance of the invitation for bids to stimulate the interest of the greatest number of prospective bidders. Timing matters because the notice is intended to attract bidders before the IFB is released.
Describe the work clearly
The notice must describe the proposed work in enough detail to show the nature and volume of the work, including physical characteristics and estimated price range. The description should be detailed enough to inform potential bidders whether the project fits their capabilities.
Identify location and schedule
The notice must state the location of the work and include tentative dates for issuing the invitation, opening bids, and completing performance. These details help bidders plan resources and decide whether to pursue the opportunity.
Explain access and request process
The notice must state where plans will be available for inspection without charge and specify the date by which requests for the IFB should be submitted. This ensures bidders know how to obtain the solicitation materials and by when they must act.
State set-aside and document charges
The notice must say whether award is restricted to small businesses and specify any amount charged for solicitation documents. These items affect bidder eligibility and the cost of participation.
Publicize through GPE
The notice must be publicized through the Governmentwide point of entry in accordance with FAR 5.204. This makes the notice broadly accessible and satisfies the required public posting method.
Responsibilities
Contracting Officer
Determine whether the construction requirement exceeds the simplified acquisition threshold, decide whether a presolicitation notice is required or appropriate, issue the notice early enough to attract bidders, and ensure the notice contains all required information and is posted through the Governmentwide point of entry.
Head of the Contracting Activity or Designee
Approve a waiver when the presolicitation notice requirement is to be waived for a construction requirement that would otherwise require notice.
Agency
Maintain acquisition procedures and posting practices that support timely public notice and compliance with Governmentwide point of entry requirements.
Prospective Bidders
Monitor presolicitation notices, review the project description, schedule, location, and eligibility terms, and submit requests for the IFB by the stated deadline if they want to compete.
Practical Implications
For contracting officers, this section is an early planning checkpoint: if the construction buy is above the simplified acquisition threshold, presolicitation notice is generally mandatory unless properly waived.
A common pitfall is giving too little detail in the notice; vague descriptions, missing price ranges, or omitted schedule information can reduce competition and undermine the notice’s purpose.
Another frequent issue is failing to post through the Governmentwide point of entry or posting too late to be meaningful, which can create compliance problems and limit bidder interest.
Contractors should watch these notices closely because they often provide the first signal of upcoming work and may reveal whether the procurement is small-business restricted or has document fees.
The notice is not just a courtesy announcement; it is part of the formal competition process for construction and can affect market research, bidder outreach, and the timing of the solicitation cycle.
Official Regulatory Text
(a) Unless the requirement is waived by the head of the contracting activity or a designee, the contracting officer shall issue presolicitation notices on any construction requirement when the proposed contract is expected to exceed the simplified acquisition threshold. Presolicitation notices may also be used when the proposed contract is not expected to exceed the simplified acquisition threshold. These notices shall be issued sufficiently in advance of the invitation for bids to stimulate the interest of the greatest number of prospective bidders. (b) Presolicitation notices must- (1) Describe the proposed work in sufficient detail to disclose the nature and volume of work (in terms of physical characteristics and estimated price range) (see 36.204 ); (2) State the location of the work; (3) Include tentative dates for issuing invitations, opening bids, and completing contract performance; (4) State where plans will be available for inspection without charge; (5) Specify a date by which requests for the invitation for bids should be submitted; (6) State whether award is restricted to small businesses; (7) Specify any amount to be charged for solicitation documents; and (8) Be publicized through the Governmentwide point of entry in accordance with 5.204 .