FAR 36.211 Distribution of advance notices and solicitations

Section Federal Acquisition Regulation

Facts

Citation
FAR 36.211
Type
Section
Last amended
87 FR 58227 Effective Oct 28, 2022
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

(a) Advance notices and solicitations should be distributed to reach as many prospective offerors as practicable. Contracting officers may send notices and solicitations to organizations that maintain, without charge to the public, display rooms for the benefit of prospective offerors, subcontractors, and material suppliers. If requested by such organizations, this may be done for all or a stated class of construction projects on an annual or semiannual basis. Contracting officers may determine the geographical extent of distribution of advance notices and solicitations on a case-by-case basis.

(b) As required by 15 U.S.C. 644(w), the contracting officer shall transmit to the Governmentwide point of entry (GPE) a notice (see 5.205(h), in solicitation notices posted at the GPE for construction contracts anticipated to be awarded to a small business pursuant to part 19. The notice shall include certain information regarding the agency's definitization of equitable adjustments for change orders under construction contracts. This information includes:

(1) A description of agency policies or procedures, in addition to that outlined in FAR 43.204, that apply to definitization of equitable adjustments for change orders under construction contracts. This description may be provided in a notice by including an address of an agency-specific, publicly accessible website containing this information. If no agency-specific additional policies and procedures exist, the notice shall include a statement to that effect.

(2) Data on the agency's past performance, for the prior 3 fiscal years, regarding the time required to definitize equitable adjustments for change orders under construction contracts (see 43.204). If fewer than 3 fiscal years of data are available, agencies shall provide data for the number of fiscal years that are available. Data shall be provided in the solicitation notice as shown in the following table, or provide the address of an agency-specific, publicly accessible website containing this information. An adequate change order definitization proposal shall contain sufficient information to enable the contracting officer to conduct meaningful analyses and audits of the information contained in the proposal.

Table 1 to Paragraph (b)(2)

Time to definitize after receipt of an adequate change order definitization proposal under construction contracts Number of change order proposals definitized under construction contracts
30 days or less31 to 60 days61 to 90 days91 to 180 days181 to 365 days366 or more daysAfter completion of contract performance via a contract modification addressing all undefinitized equitable adjustments received during contract performance

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Construction Contract Administration 87 FR 58227 · FAC 2022-08

Quick answers

What is FAR 36.211?

FAR 36.211 is a section of the Federal Acquisition Regulation, titled "Distribution of advance notices and solicitations".

When was FAR 36.211 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Construction Contract Administration" (87 FR 58227), published Sep 23, 2022 and effective Oct 28, 2022.

Are changes to FAR 36.211 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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