AFARS -- Part 5
Publicizing Contract Actions
AAC 96-4
February 29, 2000
Subpart 5.3 -- Synopses of Contract Awards
5.303 -- Announcement of Contract Awards.
(a) Public announcement.
(i) Report all contracts which are of significant local community, congressional, or Department of the Army interest.
(ii)(A)
(i) The contracting office shall submit the information (see sample format at 53.9010) by facsimile to the Information Management & Assessment Office at DSN 761-9304 or (703) 681-9304. Contracts meeting the threshold at (a)(ii)(D)(1) shall be submitted at least four working days prior to award. For all other contracts, submission two working days prior to award is preferred, however, information datafaxed NLT 1000 hours EST or EDST, accompanied by a telephone call to the Information Management & Assessment Office at DSN 761-7567 or (703) 681-7567 to verify receipt, is acceptable. The information shall be submitted in the prescribed format to eliminate the need for rework.
(ii) By 1200 hours EST or EDST on the scheduled award date, the Information Management & Assessment Office will verify that award will be made as scheduled. If the contracting office has not been contacted, the PCO shall confirm that the award will be made as scheduled by calling the Information Management & Assessment Office at DSN 761-7567 or (703) 681-7567.
(iii) National or local releases to the wire services or to contractors, other than the awardee, shall not be made prior to the public announcement of award, 1700 hours EST or EDST, even on a "hold for release time" basis.
(iv) Time of release of replies to Congressional inquiries pertaining to the award of proposed contracts shall be coordinated with the OCLL telephonically at DSN 227-8133/(703) 697-8133 or by datafax at DSN 227-6988/(703) 697-6988. This requirement applies to all replies, irrespective of whether the inquiry was received directly or indirectly by the contracting activity. Replies may not be released until public announcement of the contract award.
(v) If the award is a conditional contract resulting from a commercial activities cost comparison, as required at FAR 7.306(b)(1), provide a statement as follows:
"This conditional contract has been awarded to (Name of Contractor) . The results of the cost comparison will be provided to all interested parties, including the affected employees, their unions, and the potential contractor. A final decision will not be made until any objections to the cost comparison have been evaluated. The report to Congress required by Title 10, Chapter 146, Sections 2461-68, will be made before the contractor is authorized to proceed under this conditionally awarded contract, if the final decision is to convert to contract performance. If the final decision is to retain the activities in house, the contract will be canceled."
(D)
(1) Contract data. For all new contract actions (to include new procurement modifictions to existing contracts) which are $100 million or greater, describe the contract action in sufficient detail to facilitate a public understanding of what is being acquired as well as its scope and intended use.
(5) Miscellaneous data. For contract actions meeting the threshold in (1), provide the following information:
(i) Estimated number of personnel to be employed or estimate of man-years of effort (for competitive acquisitions, do not contact the contractor for this information).
(ii) Acquisition streamlining initiatives employed in the contract action.
(iii) Any other novel or noteworthy aspects of the contract action.
(iii) The Office of the Chief of Legislative Liaison informs members of Congress in whose state or district the contractor is located and the work is to be performed. See DFARS 236.601 and 249.7001, and AFARS implementation of those citations for Congressional notification requirements for A-E contracts and contract terminations.
Subpart 5.4 -- Release of Information
5.403 -- Requests from Members of Congress.
(a) Individual requests. Information which is not being concurrently released for other purposes, but which is being provided specifically in response to a Congressional inquiry, shall not be disclosed prior to actual delivery of the information to the Member of Congress or the Member's representative. When the FAR requires referral of the reply to the agency head, the contracting officer shall forward the proposed reply, with full documentation, and shall send an interim reply to the Member of Congress, indicating the action being taken. Neither copies of responses to Congressional inquiries nor the substance of replies shall be furnished to news media or the public without the prior approval of the Chief of Legislative Liaison, Department of the Army.
(a) Application. HCAs are authorized to release estimates. This authority may be redelegated no lower than the chief of the contracting office.
Subpart 5.5 -- Paid Advertisements
(a) Newspapers. HCAs may redelegate their authority to approve the publication of paid advertisements in newspapers to their Deputies, PARCs, and installation/activity commanders with authority to redelegate further. The ASA (ALT) has delegated, without authority to redelegate further, authority to approve the publications of advertisements in newspapers to the following:
(i) Commander, U.S. Total Army Personnel Command.
(ii) Deputy Chief of Staff for Personnel, U.S. Army Materiel Command.
(iii) The Auditor General, U.S. Army Audit Agency.
(iv) Director of Human Resources, Office of the Chief of Engineers.
(v) Commander, U.S. Army Recruiting Command.
(vi) Chief, Army Reserve.
(vii) Commander, U.S. Military Entrance Processing Command.