[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR31.205-1]



[Page 604-605]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 31_CONTRACT COST PRINCIPLES AND PROCEDURES--Table of Contents

 

          Subpart 31.2_Contracts With Commercial Organizations

 

Sec. 31.205-1  Public relations and advertising costs.



    (a) Public relations means all functions and activities dedicated 

to--

    (1) Maintaining, protecting, and enhancing the image of a concern or 

its products; or

    (2) Maintaining or promoting reciprocal understanding and favorable 

relations with the public at large, or any segment of the public. The 

term public relations includes activities associated with areas such as 

advertising, customer relations, etc.

    (b) Advertising means the use of media to promote the sale of 

products or services and to accomplish the activities referred to in 

paragraph (d) of this subsection, regardless of the medium employed, 

when the advertiser has control over the form and content of what will 

appear, the media in which it will appear, and when it will appear. 

Advertising media include but are not limited to conventions, exhibits, 

free goods, samples, magazines, newspapers, trade papers, direct mail, 

dealer cards, window displays, outdoor advertising, radio, and 

television.

    (c) Public relations and advertising costs include the costs of 

media time and space, purchased services performed by outside 

organizations, as well as the applicable portion of salaries, travel, 

and fringe benefits of employees engaged in the functions and



[[Page 605]]



activities identified in paragraphs (a) and (b) of this subsection.

    (d) The only allowable advertising costs are those that are--

    (1) Specifically required by contract, or that arise from 

requirements of Government contracts, and that are exclusively for--

    (i) Acquiring scarce items for contract performance; or

    (ii) Disposing of scrap or surplus materials acquired for contract 

performance;

    (2) Costs of activities to promote sales of products normally sold 

to the U.S. Government, including trade shows, which contain a 

significant effort to promote exports from the United States. Such costs 

are allowable, notwithstanding paragraphs (f)(1), (f)(3), (f)(4)(ii), 

and (f)(5) of this subsection. However, such costs do not include the 

costs of memorabilia (e.g., models, gifts, and souvenirs), alcoholic 

beverages, entertainment, and physical facilities that are used 

primarily for entertainment rather than product promotion; or

    (3) Allowable in accordance with 31.205-34.

    (e) Allowable public relations costs include the following:

    (1) Costs specifically required by contract.

    (2) Costs of--

    (i) Responding to inquiries on company policies and activities;

    (ii) Communicating with the public, press, stockholders, creditors, 

and customers; and

    (iii) Conducting general liaison with news media and Government 

public relations officers, to the extent that such activities are 

limited to communication and liaison necessary to keep the public 

informed on matters of public concern such as notice of contract awards, 

plant closings or openings, employee layoffs or rehires, financial 

information, etc.

    (3) Costs of participation in community service activities (e.g., 

blood bank drives, charity drives, savings bond drives, disaster 

assistance, etc.).

    (4) Costs of plant tours and open houses (but see subparagraph 

(f)(5) of this subsection).

    (5) Costs of keel laying, ship launching, commissioning, and roll-

out ceremonies, to the extent specifically provided for by contract.

    (f) Unallowable public relations and advertising costs include the 

following:

    (1) All public relations and advertising costs, other than those 

specified in paragraphs (d) and (e) of this subsection, whose primary 

purpose is to promote the sale of products or services by stimulating 

interest in a product or product line (except for those costs made 

allowable under 31.205-38(b)(5)), or by disseminating messages calling 

favorable attention to the contractor for purposes of enhancing the 

company image to sell the company's products or services.

    (2) All costs of trade shows and other special events which do not 

contain a significant effort to promote the export sales of products 

normally sold to the U.S. Government.

    (3) Costs of sponsoring meetings, conventions, symposia, seminars, 

and other special events when the principal purpose of the event is 

other than dissemination of technical information or stimulation of 

production.

    (4) Costs of ceremonies such as (i) corporate celebrations and (ii) 

new product announcements.

    (5) Costs of promotional material, motion pictures, videotapes, 

brochures, handouts, magazines, and other media that are designed to 

call favorable attention to the contractor and its activities.

    (6) Costs of souvenirs, models, imprinted clothing, buttons, and 

other mementos provided to customers or the public.

    (7) Costs of memberships in civic and community organizations.



[51 FR 12298, Apr. 9, 1986, as amended at 53 FR 12130, Apr. 12, 1988; 53 

FR 13274, Apr. 22, 1988; 54 FR 34755, Aug. 21, 1989; 56 FR 15153, Apr. 

15, 1991; 60 FR 42660, Aug. 16, 1995; 61 FR 67423, Dec. 20, 1996; 62 FR 

12704, Mar. 17, 1997; 64 FR 10547, Mar. 4, 1999; 68 FR 43872, July 24, 

2003]