[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: 48CFR5.404-1]



[Page 93-94]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 5_PUBLICIZING CONTRACT ACTIONS--Table of Contents

 

                   Subpart 5.4_Release of Information

 

Sec. 5.404-1  Release procedures.



    (a) Application. The agency head, or a designee, may release long-

range acquisition estimates if the information will--

    (1) Assist industry in its planning and facilitate meeting the 

acquisition requirements;

    (2) Not encourage undesirable practices (e.g., attempts to corner 

the market or hoard industrial materials); and

    (3) Not indicate the existing or potential mobilization of the 

industry as a whole.



[[Page 94]]



    (b) Conditions. The agency head shall ensure that--

    (1) Classified information is released through existing security 

channels in accordance with agency security regulations;

    (2) The information is publicized as widely as practicable to all 

parties simultaneously by any of the means described in this part;

    (3) Each release states that (i) the estimate is based on the best 

information available, (ii) the information is subject to modification 

and is in no way binding on the Government, and (iii) more specific 

information relating to any individual item or class of items will not 

be furnished until the proposed action is synopsized through the GPE or 

the solicitation is issued;

    (4) Each release contains the name and address of the contracting 

officer that will process the acquisition;

    (5) Modifications to the original release are publicized as soon as 

possible, in the same manner as the original; and

    (6) Each release--

    (i) Is coordinated in advance with small business, public 

information, and public relations personnel, as appropriate;

    (ii) Contains, if applicable, a statement that small business set-

asides may be involved, but that a determination can be made only when 

acquisition action is initiated; and

    (iii) Contains the name or description of the item, and the 

estimated quantity to be acquired by calendar quarter, fiscal year, or 

other period. It may also contain such additional information as the 

number of units last acquired, the unit price, and the name of the last 

supplier.



[48 FR 42119, Sept. 19, 1983, as amended at 60 FR 48259, Sept. 18, 1995; 

66 FR 27412, May 16, 2001]