RFIs and Acquisition Policy

In the acquisition world, most people associate a request for information (RFI) with an upcoming procurement. ? FAR 15.201(e) states “RFIs may be used when the Government does not presently intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes.”? When used wisely, they are extremely helpful in understanding markt capability, trends, gauging interest, and more.

In the acquisition policy world, RFIs are also a hugely valuable tool.? Recently we posted two RFIs in the Federal Register as part of a very early engagement effort.??

On April 1, we announced the creation of FAR Part 40, as a future home for national security requirements in areas such as cyber-security supply chain risks, foreign-based risks, emerging technology risks.? We followed that up with an RFI to help us vision and organize the best way to Structure of FAR 40. ? While this RFI only asks a few, hopefully non-controversial, questions, the responses will help set the table for all the future cases as this part of the FAR is populated. ? The first questions lay out the test the FAR Council is considering for deciding what belongs in that part.? The last questions ask which sections of the FAR should be moved to the new part and what other suggestions you have.

Earlier this week, GSA posted a RFI concerning PFAS chemicals. ? In this RFI, we explained that our GSA Acquisition Policy Federal Advisory Committee (GAP FAC) recommended that we should consider moving forward with a regulation to reduce PFAS in the following product categories: furniture, carpets, rugs, curtains, cookware, food service ware, food packaging materials, cutlery, dishware, paints, cleaning products, stain and water resistant treatments, flooring, and floor care products (“Recommended Categories”).? The GAP FAC has been an incredibly valuable resource for us, over the last 18 months.? You can find? more about them here.?

The RFI makes clear we have not decided whether or not we should work towards a notice of proposed rule-making to address this topic, and poses a set of questions to help us make a decision.? We ask questions about scoping, unintended consequences, limitations, impact, and timing.? The responses to these questions will help us determine whether to move towards formal rule-making and, if so, how to shape it.??

Bottom line, if you see an RFI asking about potential rule-making, the agency is asking for engagement at the earliest possible moment.? An RFI would long precede even an Advanced Notice of Proposed Rule-Making.? Weigh in.? Share your thoughts.? Help us get both of these issues right.