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Electronic Code of Federal Regulations

e-CFR Data is current as of August 28, 2014

Title 48Chapter 30Subchapter B → Part 3005


Title 48: Federal Acquisition Regulations System


PART 3005—PUBLICIZING CONTRACT ACTIONS


Contents

Subpart 3005.4—Release of Information

3005.402   General public.
3005.470   Contractor award announcements, advertisements, and releases.
3005.470-1   Policy.
3005.470-2   Contract clauses.

Subpart 3005.90—Publicizing Contract Actions for Personal Services Contracting

3005.9000   Applicability (USCG).

Authority: 5 U.S.C. 301-302, 41 U.S.C. 1707, 41 U.S.C. 1702, 48 CFR part 1, subpart 1.3, and DHS Delegation Number 0702.

Source: 68 FR 67871, Dec. 4, 2003, unless otherwise note.

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.

3005.470-1   Policy.

(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.

[77 FR 50634, Aug. 22, 2012]

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).

[77 FR 50634, Aug. 22, 2012]

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, as amended by section 1512(d) of the Homeland Security Act, 6 U.S.C. 552(d), and are exempt from (FAR) 48 CFR part 5.

[71 FR 25768, May 2, 2006]



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