FAR 5.102—Availability of solicitations.
Plain-English Summary
FAR 5.102 explains how solicitations must be made available to the public and to interested sources, primarily through the Governmentwide Point of Entry (GPE), and what to do when that is not possible. It covers the default rule to post synopsized solicitations and related materials in the GPE, the use of enhanced controls for sensitive information, exceptions for national security, impracticability, and senior procurement executive determinations, and the special handling of brand name justifications. It also addresses alternate distribution methods such as electronic mail, CD-ROM, paper copies, public access copies, fees limited to actual duplication cost, and first-come-first-served access for certain requesters. In addition, it requires special information to be provided to small business concerns on request, allows limiting availability to electronic media when electronic commerce is used, and requires disclosure of limited-competition solicitations to firms not initially solicited after notice of the limitation. Finally, it clarifies that the rule applies to classified contracts only to the extent consistent with agency security requirements. In practice, this section is about balancing openness and competition with security, practicality, and administrative control over solicitation distribution.
Key Rules
Post solicitations in the GPE
As a general rule, the contracting officer must make available through the GPE all solicitations that were synopsized there, along with specifications, technical data, and other information the contracting officer determines is necessary. The GPE transmission must follow the SAM.gov interface requirements.
Use enhanced controls for sensitive files
If a solicitation contains information needing additional access and distribution controls, such as technical data, maps, schedules, or building designs, it must be made available through the GPE’s enhanced controls unless an exception applies. The GPE satisfies the synopsis and advertising requirements of FAR Part 5.
Limited exceptions to GPE posting
The contracting officer need not use the GPE when disclosure would compromise national security or create other security risks, when the file format or size makes GPE access impracticable or not cost-effective, or when the senior procurement executive makes a written determination that GPE access is not in the Government’s interest.
Include brand name justification
When an acquisition uses brand name specifications, the solicitation must include the required justification or documentation under the applicable FAR authority, redacted as necessary. This ensures the basis for the brand name requirement is available with the solicitation.
Provide alternate distribution when not in GPE
If the solicitation is not made available through the GPE under an exception, the contracting officer should use other electronic means when practicable and cost-effective. If paper or physical media are used, the office must keep reasonable copies, provide copies to legitimate requesters on a first-come-first-served basis, and retain a copy for later review and duplication.
Charge only actual duplication cost
The contracting officer may charge a fee for copies of the solicitation, but the fee cannot exceed the actual cost of duplication. This limits the Government to cost recovery rather than profit.
Provide small business information on request
Upon request from small business concerns, the contracting officer must provide a copy of the solicitation and specifications, a contact name and phone number for questions, and adequate citations to applicable major Federal laws or agency rules the small business must follow in performing the contract.
Electronic commerce may limit medium
When electronic commerce is used in the solicitation process, the solicitation may be made available only in electronic form. This supports streamlined electronic acquisition practices.
Disclose limited-competition solicitations to others
For solicitations issued under other than full and open competition, firms that were not initially solicited may still request copies, but only after being told that the solicitation was limited to specified firms under Part 6 authority.
Applies to classified contracts with security limits
The section applies to classified contracts only to the extent it is consistent with agency security requirements. Security rules control where they conflict with the normal availability requirements.
Responsibilities
Contracting Officer
Make synopsized solicitations and required supporting information available through the GPE, use enhanced controls for sensitive information when required, and ensure electronic-commerce solicitations are forwarded to the GPE. When GPE posting is not used, provide alternate distribution methods, maintain copies, respond to legitimate requests, and charge only actual duplication costs. Include brand name justifications, provide required information to small businesses on request, and disclose limited-competition status before releasing copies to non-solicited firms.
Agency
Determine when a solicitation contains information requiring additional access controls and ensure the GPE enhanced controls are used unless an exception applies. For classified or security-sensitive acquisitions, apply agency security requirements and determine whether disclosure would create security risks.
Senior Procurement Executive
Issue a written determination when access through the GPE is not in the Government’s interest, which permits the contracting officer to avoid GPE availability under the specified exception.
Small Business Concern
Request, as needed, the solicitation, specifications, contact information, and applicable legal or regulatory citations that the contracting office must provide upon request.
Potential Source / Member of the Public
Request copies of solicitations not posted in the GPE, understand that access may be limited by security or competition rules, and obtain copies on a first-come-first-served basis when paper or physical media distribution is used.
Practical Implications
The default expectation is public electronic availability through SAM.gov/GPE, so contracting offices should plan solicitation preparation and posting early to avoid delays and compliance problems.
Security and controlled-access issues must be identified up front; if a solicitation contains sensitive technical or facility information, the office must decide whether enhanced controls are enough or whether an exception is justified.
If the office relies on paper, disks, or email instead of GPE posting, it must manage inventory, requests, and duplication costs carefully; failing to keep enough copies or to track requests can create protest or fairness concerns.
Brand name acquisitions require the justification to travel with the solicitation, so omitting or improperly redacting the justification is a common compliance error.
Small business request obligations are easy to overlook, but the required contact information and legal citations are part of the solicitation-distribution duty and can matter in outreach, responsiveness, and competition support.
For limited-competition procurements, contracting officers should be prepared to explain the restriction before releasing the solicitation to outsiders, since transparency about the competition basis is required even when the competition itself is limited.
Official Regulatory Text
(a) (1) Except as provided in paragraph (a)(5) of this section, the contracting officer must make available through the GPE solicitations synopsized through the GPE, including specifications, technical data, and other pertinent information determined necessary by the contracting officer. Transmissions to the GPE must be in accordance with the interface description available via the Internet at https://www.sam.gov . (2) The contracting officer is encouraged, when practicable and cost-effective, to make accessible through the GPE additional information related to a solicitation. (3) The contracting officer must ensure that solicitations transmitted using electronic commerce are forwarded to the GPE to satisfy the requirements of paragraph (a)(1) of this section. (4) When an agency determines that a solicitation contains information that requires additional controls to monitor access and distribution ( e.g. , technical data, specifications, maps, building designs, schedules, etc.), the information shall be made available through the enhanced controls of the GPE, unless an exception in paragraph (a)(5) of this section applies. The GPE meets the synopsis and advertising requirements of this part. (5) The contracting officer need not make a solicitation available through the GPE as required in paragraph (a)(4) of this section, when- (i) Disclosure would compromise the national security ( e.g. , would result in disclosure of classified information, or information subject to export controls) or create other security risks. The fact that access to classified matter may be necessary to submit a proposal or perform the contract does not, in itself, justify use of this exception; (ii) The nature of the file ( e.g. , size, format) does not make it cost-effective or practicable for contracting officers to provide access to the solicitation through the GPE; or (iii) The agency’s senior procurement executive makes a written determination that access through the GPE is not in the Government’s interest. (6) When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or documentation required by 6.302-1 (c), 13.106-1 (b), or 13.501 , redacted as necessary (see 6.305 ). (b) When the contracting officer does not make a solicitation available through the GPE pursuant to paragraph (a)(5) of this section, the contracting officer- (1) Should employ other electronic means ( e.g., CD-ROM or electronic mail) whenever practicable and cost- effective. When solicitations are provided electronically on physical media ( e.g., disks) or in paper form, the contracting officer must- (i) Maintain a reasonable number of copies of solicitations, including specifications and other pertinent information determined necessary by the contracting officer (upon request, potential sources not initially solicited should be mailed or provided copies of solicitations, if available); (ii) Provide copies on a "first-come-first-served" basis, for pickup at the contracting office, to publishers, trade associations, information services, and other members of the public having a legitimate interest (for construction, see 36.211 ); and (iii) Retain a copy of the solicitation and other documents for review by and duplication for those requesting copies after the initial number of copies is exhausted; and (2) May require payment of a fee, not exceeding the actual cost of duplication, for a copy of the solicitation document. (c) In addition to the methods of disseminating proposed contract information in 5.101 (a) and (b), provide, upon request to small business concerns, as required by 15 U.S.C. 637(b) - (1) A copy of the solicitation and specifications. In the case of solicitations disseminated by electronic data interchange, solicitations may be furnished directly to the electronic address of the small business concern; (2) The name and telephone number of an employee of the contracting office who will answer questions on the solicitation; and (3) Adequate citations to each applicable major Federal law or agency rule with which small business concerns must comply in performing the contract. (d) When electronic commerce (see subpart 4.5 ) is used in the solicitation process, availability of the solicitation may be limited to the electronic medium. (e) Provide copies of a solicitation issued under other than full and open competition to firms requesting copies that were not initially solicited, but only after advising the requester of the determination to limit the solicitation to a specified firm or firms as authorized under part 6 . (f) This section 5.102 applies to classified contracts to the extent consistent with agency security requirements (see 5.202 (a)(1)).