# AFARS PART 5105

Subpart 5105.3 -- Synopses of Contract Awards

- 5105.303 -- Announcement of contract awards.

Subpart 5105.4 -- Release of Information

- 5105.403 -- Requests from Members of Congress.
- 5105.404 -- Release of long-range acquisition estimates.

- 5105.404-1 -- Release procedures.

Subpart 5105.5 -- Paid Advertisements

- 5105.502 -- Authority.

AFARS -- Part 5105
Publicizing Contract Actions

Subpart 5105.3 -- Synopses of Contract Awards

5105.303 -- Announcement of contract awards.

(a) Public announcement.

(i) Report all contractual actions, including modifications, that have a face value, excluding unexercised options, subject to the threshold identified at DFARS 205.303(a)(i). In addition, report all contractual actions which are of significance to local community, congressional, or Army interest. [AFARS Revision #21, dated May 22, 2007]

(ii)

(A)

(1) The contracting office must submit the information (see DFARS 205.303), complete and accurate, by e-mail to CONG.NOTIF@HQDA.ARMY.MIL or by facsimile to the Business Systems Management Directorate, SFCA-IT at Defense Switch Network (DSN) 761-9304 or (703) 681-9304, no later than 1200 hours EST or EDST on the day before the day of the proposed award. The information must be sent in the prescribed format in 5153.9010. No award of the contractual action can be made, without the Contracting Officer receiving approval from the Business Systems Management Directorate. If the Contracting Officer has not received approval from the Business Systems Management Directorate, SFCA-IT, by 1430 hours, EST or EDST, on the day before the day of contract award, the Contracting Officer must contact SFCA-IT to obtain such approval. When the need to award a contractual action is of such an unusual and compelling urgency that the Government would be seriously injured unless the award is made, the report of the contractual action must be submitted no later than 1 working day after award. This provision must only be used in those situations where an unusual and compelling urgency exists, and where the delay will clearly result in serious injury to the Government. In addition to the information specified in 5153.9010, the report of an urgent contractual action, after the fact, must contain the information needed to verify the unusual and compelling urgency, and resultant serious injury to the Government. The provisions of this subparagraph (A)(i) cannot be waived either on an individual or class basis. [AFARS Revision #001, dated November 29, 2001] [AFARS Revision #21, dated May 22, 2007]

(2) 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.”

(iii) The Office, 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 DFARS 249.7001, and AFARS implementation of those citations for Congressional notification requirements for A-E contracts and contract terminations.

[AFARS Revision #21, dated May 22, 2007]

Subpart 5105.4 -- Release of Information

5105.403 -- Requests from Members of Congress.

(S-90) Individual requests. Information that is not being concurrently released for other purposes, but which is being provided specifically in response to a Congressional inquiry, must 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 must send the proposed reply, with full documentation, and 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 can be furnished to news media or the public without the prior approval of the Chief of Legislative Liaison, Department of the Army.

5105.404 -- Release of long-range acquisition estimates.

5105.404-1 -- Release procedures.

(a) Application. Head of the Contracting Activities (HCA) are authorized to release estimates. This authority may be redelegated no lower than the chief of the contracting office.

Subpart 5105.5 -- Paid Advertisements

5105.502 -- Authority.

(a) Newspapers. HCAs may redelegate their authority to approve the publication of paid advertisements in newspapers to their Deputies, Principal Assistant Responsible for Contracting (PARC), and installation/activity commanders with authority to redelegate further. The Assistant Secretary of the Army (Acquisition, Logistics and Technology) (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. Army Human Resources Command.
(ii) Deputy Chief of Staff, G-1, 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.