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FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.2

FAR 36.211 Distribution of advance notices and solicitations.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section describes how contracting officers should distribute advance notices and solicitations for construction projects, including sending them to organizations with public display rooms. It also requires contracting officers to post a notice on the Governmentwide point of entry (GPE) for construction contracts anticipated to be awarded to small businesses, including information about agency policies and past performance on definitizing change order adjustments.

Applies to: Contracting officers distributing advance notices and solicitations for construction contracts, especially those anticipated for small business awards.

What it requires

  • Transmit to the Governmentwide point of entry (GPE) a notice for construction contracts anticipated to be awarded to a small business.
  • Include in the notice a description of agency policies or procedures for definitizing equitable adjustments for change orders, or a statement that no additional policies exist.
  • Include in the notice data on the agency's past performance for the prior 3 fiscal years regarding the time required to definitize equitable adjustments for change orders, or provide a website address where this information is available.

Key terms: advance notices · solicitations · Governmentwide point of entry (GPE) · equitable adjustments · change orders

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The 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)

Sections it refers to

Sections that refer to it

  • 5.102 Availability of solicitations.
  • 5.205 Special situations.
  • 12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial products and commercial services.
  • 19.502-11 Solicitation notice regarding administration of change orders for construction.
  • 43.204 Administration.

← 36.210 Inspection of site and examination of data. · 36.212 Preconstruction orientation. →

Rule changes for FAR Part 36

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 36.211 Distribution of advance notices and solicitations · SpendQuery