[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: 48CFR5.101]



[Page 84-85]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 5_PUBLICIZING CONTRACT ACTIONS--Table of Contents

 

                Subpart 5.1_Dissemination of Information

 

Sec. 5.101  Methods of disseminating information.





    (a) As required by the Small Business Act (15 U.S.C. 637(e)) and the 

Office of Federal Procurement Policy Act (41 U.S.C. 416), contracting 

officers must



[[Page 85]]



disseminate information on proposed contract actions as follows:

    (1) For proposed contract actions expected to exceed $25,000, by 

synopsizing in the GPE (see 5.201).

    (2) For proposed contract actions expected to exceed $10,000, but 

not expected to exceed $25,000, by displaying in a public place, or by 

any appropriate electronic means, an unclassified notice of the 

solicitation or a copy of the solicitation satisfying the requirements 

of 5.207(c). The notice must include a statement that all responsible 

sources may submit a response which, if timely received, must be 

considered by the agency. The information must be posted not later than 

the date the solicitation is issued, and must remain posted for at least 

10 days or until after quotations have been opened, whichever is later.

    (i) If solicitations are posted instead of a notice, the contracting 

officer may employ various methods of satisfying the requirements of 

5.207(c). For example, the contracting officer may meet the requirements 

of 5.207(c) by stamping the solicitation, by a cover sheet to the 

solicitation, or by placing a general statement in the display room.

    (ii) The contracting officer need not comply with the display 

requirements of this section when the exemptions at 5.202(a)(1), (a)(4) 

through (a)(9), or (a)(11) apply, when oral or Federal Acquisition 

Computer Network (FACNET) solicitations are used, or when providing 

access to a notice of proposed contract action and solicitation through 

the GPE and the notice permits the public to respond to the solicitation 

electronically.

    (iii) Contracting officers may use electronic posting of 

requirements in a place accessible by the general public at the 

Government installation to satisfy the public display requirement. 

Contracting offices using electronic systems for public posting that are 

not accessible outside the installation must periodically publicize the 

methods for accessing the information.

    (b) In addition, one or more of the following methods may be used:

    (1) Preparing periodic handouts listing proposed contracts, and 

displaying them as in 5.101(a)(2).

    (2) Assisting local trade associations in disseminating information 

to their members.

    (3) Making brief announcements of proposed contracts to newspapers, 

trade journals, magazines, or other mass communication media for 

publication without cost to the Government.

    (4) Placing paid advertisements in newspapers or other 

communications media, subject to the following limitations:

    (i) Contracting officers shall place paid advertisements of proposed 

contracts only when it is anticipated that effective competition cannot 

be obtained otherwise (see 5.205(d)).

    (ii) Contracting officers shall not place advertisements of proposed 

contracts in a newspaper published and printed in the District of 

Columbia unless the supplies or services will be furnished, or the labor 

performed, in the District of Columbia or adjoining counties in Maryland 

or Virginia (44 U.S.C. 3701).

    (iii) Advertisements published in newspapers must be under proper 

written authority in accordance with 44 U.S.C. 3702 (see 5.502(a)).



[48 FR 42119, Sept. 19, 1983, as amended at 50 FR 1728, Jan. 11, 1985; 

50 FR 52429, Dec. 23, 1985; 51 FR 27117, July 29, 1986; 52 FR 21885, 

June 9, 1987; 56 FR 41731, Aug. 22, 1991; 60 FR 34736, 34746, July 3, 

1995; 61 FR 39191, July 26, 1996; 62 FR 12692, Mar. 17, 1997; 63 FR 

58592, Oct. 30, 1998; 66 FR 27409, May 16, 2001; 68 FR 56678, Oct. 1, 

2003]