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

FAR 36.213-2 Presolicitation notices.

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 tells contracting officers when and how to issue presolicitation notices for construction work. A notice is generally required when the contract is expected to exceed the simplified acquisition threshold, unless waived, and it must be issued early enough to attract as many prospective bidders as possible. It matters because it gives contractors advance information about upcoming construction opportunities.

Applies to: Construction requirements and the contracting officers who issue presolicitation notices for them

What it requires

  • Issue presolicitation notices on construction requirements expected to exceed the simplified acquisition threshold, unless waived
  • Issue notices sufficiently in advance of the invitation for bids to stimulate interest of the greatest number of prospective bidders
  • Describe the proposed work in sufficient detail to disclose its nature and volume, including physical characteristics and estimated price range
  • State the location of the work

Key terms: presolicitation notices · simplified acquisition threshold · invitation for bids · Governmentwide point of entry · small businesses

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

The 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; and

(7) Specify any amount to be charged for solicitation documents.

(8) Be publicized through the Governmentwide point of entry in accordance with 5.204.

Sections it refers to

  • 36.204 Disclosure of the magnitude of construction projects.
  • 5.204 Presolicitation notices.

Sections that refer to it

  • 5.204 Presolicitation notices.
  • 14.211 Release of acquisition information.

← 36.213-1 General. · 36.213-3 Invitations for bids. →

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 36.213-2 Presolicitation notices · SpendQuery