PART 3005—PUBLICIZING CONTRACT ACTIONS
Authority: 5 U.S.C. 301–302, 41 U.S.C. 1303, 41 U.S.C. 1707, 41 U.S.C. 1702, and 48 CFR subpart 1.3.
Source: 68 FR 67871, Dec. 4, 2003, unless otherwise noted.
Subpart 3005.4—Release of Information
3005.402 General public.
Requests for other specific records information shall be processed according to the DHS Freedom of Information Act rules and regulations (HSAR) 48 CFR 3024.203.
3005.470 Contractor award announcements, advertisements, and releases.
(a) DHS policy requires its contracting officers to restrict DHS contractors from referring to its DHS contract(s) in commercial advertising in a manner that states or implies the Government approves or endorses the contractor's products or services or considers them superior to other products or services. The intent of this policy is to prevent the appearance of Government bias toward any product or service.
(b) The Department's contractors share the responsibility for protecting sensitive and classified information related to efforts under their contracts. For any contract that involves sensitive or classified information, prior to the release of any contract award announcement, advertisement, or other release of information pertaining to the contract, the contractor must obtain the approval of the responsible contracting officer.
3005.470-2 Contract clauses.
(a) Insert the clause at (HSAR) 48 CFR 3052.205–70, Advertisements, Publicizing Awards, and Releases, in all solicitations and contracts that exceed the simplified acquisition threshold.
(b) Except for research contracts with educational institutions, if the contract involves sensitive or classified information, use the clause with its Alternate I. For research contracts with educational institutions, see (HSAR) 48 CFR 3035.70–2(b).
Subpart 3005.90—Publicizing Contract Actions for Personal Services Contracting
3005.9000 Applicability (USCG).
Contracts awarded by the U.S. Coast Guard using the procedures in (HSAR) 48 CFR 3037.104–91 are expressly authorized for the Coast Guard under 10 U.S.C. 1091, and are exempt from (FAR) 48 CFR part 5.