RD Instruction 2024-F

Table of Contents

Page 1

Part 1924 -- PROPERTY AND SUPPLY

Subpart F -- Advertising in Publications

## [Table of Contents]{.underline}

[Sec]{.underline}. [Page]{.underline}

2024.251 Gneral. 1

2024.252 Delegation of Authority. 1

2024.253 Responsibilities and Duties. 1

\(a\) State Directors. 2

\(b\) Other United States Department of Agriculture

(USDA) Officials. 2

\(c\) Legislative and Public Affairs Staff. 2

\(d\) Warranted Procurement Officials. 2

\(e\) General Counsel. 2

2024.254 Scope and Nature of Advertisements. 3

2024.255 Purchasing Advertisement. 3

\(a\) Approval for Advertising in Newspapers. 3

\(b\) Estimated Cost or Price Below the Micro-

Purchase Threshold. 3

\(c\) Commercial Rates. 3

\(d\) Proof of Actual Publication. 3

\(e\) Funding Accounts/Classifications. 4

2024.256 Nondiscrimination. 4

2024.257 Truth in Lending -- Real Estate Settlement Procedures. 4

2024.258 Compliance. 5

2024.259 - 2024.300 \[Reserved\] 5

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RD Instruction 2024-F

PART 2024 - PROPERTY AND SUPPLY

SUBPART F - ADVERTISING IN PUBLICATIONS

§ 2024.251 [General]{.underline}.

This Subpart delegates and assigns the authority and identifies the
procedures for ordering and placing advertisements in newspapers and in
other publications.

§ 2024.252 [Delegation of Authority]{.underline}.

In accordance with Title 5, United States Code, Section 302, the
Secretary of Agriculture has delegated authority to approve newspaper
advertisements to agency heads of contracting activities with power of
redelegation. (See, Agriculture Acquisition Regulation Section 405.502.)
The Under Secretary, as a head of a contracting activity, herein
redelegates the authority to State Directors to approve newspaper
advertisements.

§ 2024.253 [Responsibilities and Duties]{.underline}.

\(a\) [State Directors]{.underline}. Each State Director has the
authority to approve or to delegate the authority in writing, except to
warranted procurement officials, to approve the publication of
advertisements for the reasons set forth below:

\(1\) for the sale of real property repossessed or under lien to Rural
Development and its predecessor agencies in foreclosure, as required by
state laws or by order of the court.

\(2\) for the sale of all other acquired real property.

\(3\) for the synopses of solicitations for prospective bidders/offerors
for procurement/leasing actions.

\(4\) for the public notification of office hours.

\(5\) for the public notification of Rural Development program services.

\(6\) for the recruitment of employees.

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DISTRIBUTION: WSAL Administrative Services

Property & Supply

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RD INSTRUCTION 2024-F

§ 2024.253(a) (Con.)

\(7\) for services for any of the above that are necessary and that are
provided by real estate brokers, management services companies, etc., as
well as necessary supplies.

\(b\) [Other United States Department of Agriculture (USDA)
Officials]{.underline}. The Procurement Management Division and the
Support Services Division for the Procurement and Administrative
Services Staff will assist State Directors in fulfilling the advertising
responsibilities identified in §2024.253(a), as needed, and wholly
within their official program areas, by performing administrative duties
including, but not limited to, assisting in the selection of appropriate
print and non-print publications in which to advertise and processing
requests to purchase advertisements.

\(c\) [Legislative and Public Affairs Staff]{.underline}. The Director
for Legislative and Public Affairs (LPAS) shall review and approve the
text of advertisements related to the promotion of Rural Development
programs prior to the purchase and publication of any advertisement.
Advertisements related to the recruitment of prospective employees or
the solicitation of bids and proposals do not need LPAS review or
approval.

\(d\) [Warranted Procurement Officials]{.underline}. Except for
advertisements having an estimated value below the micro-purchase
threshold [and]{.underline} for which a purchase card may be used to
purchase the advertisement, warranted procurement officials must issue
the contract for the advertisements.

\(e\) [General Counsel]{.underline}. When deemed necessary or as
required by law or this instruction, State Directors shall obtain legal
assistance, including the review of advertising text and other material
relevant to the advertisement prior to publication, from the General
Counsel. If a matter is in litigation and the Department of Justice
(DOJ) is representing USDA, including any division, branch or office
thereunder, advertisement of any matter pertaining to the litigation
will be ordered and paid for by the DOJ using its own funds, unless the
appropriate United States Attorney or delegate, to include an attorney
in the DOJ's Commercial Litigation Department, advises the General
Counsel that no funds are available for that purpose and the General
Counsel concurs that the advertisement is necessary to further the
interests of Rural Development in the litigation.

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RD Instruction 2024-F

§ 2024.254 [Scope and Nature of Advertisements]{.underline}.

The text of advertisements shall provide sufficient information to
inform and to notify the public of facts relevant to the underlying
program or mission being served by the advertisement. No advertisement
may be authorized if the purpose of the advertisement is simply to
promote the value of any office, program or individual, to curry favor
or gain good will with the public or for any other self-aggrandizement
purpose. The selection and choice of print and/or non-print publishers
for advertisements shall be as broad or as limited as necessary, without
regard to location, in order to ensure adequate dissemination of the
advertisement to reach the target audience. For guidance purposes only,
however, no advertisement for any single purpose should be placed in
more than ten different print publications, and no more than five
advertisements should be placed in the same print publication, except
when:

\(a\) the State Director authorizes additional advertisements in the
same or additional print publications to ensure the public has been
sufficiently notified; and/or

\(b\) Federal or state law or a court directs otherwise.

§ 2024.255 [Purchasing Advertisement]{.underline}.

\(a\) [Approval for Advertising in Newspapers]{.underline}. State
Directors must approve in writing the purchase and publication of any
advertisement in a newspaper. (This written approval does not apply to
publication of advertisement in any other print publication or to
broadcasting on radio or television.)

\(b\) [Estimated Cost or Price Below the Micro-Purchase
Threshold]{.underline}. A single requirement for advertisement may not
be split in order to ensure that the cost is or remains below the
micro-purchase threshold for each purchase.

\(c\) [Commercial Rates]{.underline}. The cost or price to be paid for
advertisement may not exceed the commercial rate(s) charged by the
publisher to private entities and individuals, with the usual discounts.

\(d\) [Proof of Actual Publication]{.underline}. Proof of actual
publication must be obtained regardless of the estimated cost or price
of the advertisement and the method of purchase. The contracting officer
must include the following statement in a contract for advertising:

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RD Instruction 2024-F

§ 2024.255(d) (Con.)

> "[PROOF OF ADVERTISEMENT IN ORDER TO PROCESS INVOICE]{.underline}
>
> Proof of actual publication must be submitted with the invoice. Forms
> of proof include a copy of the published advertisement or an affidavit
> by the publisher or broadcaster that the advertisement was actually
> published or broadcasted. The invoice and accompanying documents
> should be mailed within a reasonable time after publication."

\(e\) [Funding Accounts/Classifications]{.underline}. The cost or price
of advertising for the following administrative purposes shall be
charged to the appropriate Salaries & Expenses (S&E) appropriation
account:

\(1\) The public notification of office hours;

\(2\) The public notification of Rural Development program services;

\(3\) The recruitment of employees; and

\(4\) The synopses of solicitations for prospective supplies for
procurement and/or leasing actions.

\(5\) Advertising expenses that cannot be classified as administrative
in nature and are associated with specific program loans, including the
sale of real property repossessed or under lien, the sale of all other
acquired real property, and those expenses associated with real estate
brokers, suppliers, management services companies, etc., are to be
charged to the appropriate program loan cost expense account as
identified in RD Instruction 2024-A, Exhibit D.

§ 2024.256 [Nondiscrimination]{.underline}.

If the advertisement is to inform the public about the sale of personal
or real property, the text of the advertisement must also inform the
public that the property will be sold without regard to a buyer's race,
religion, color, sex, age, marital status or national origin.

§ 2024.257 [Truth in Lending -- Real Estate Settlement
Procedures]{.underline}.

All advertisements informing the public about the cost and terms of
credit for housing and of an individual's right to cancel certain credit
transactions resulting in a lien or mortgage on their home must comply
with the provisions of the Truth in Lending Act, as set forth in Subpart
I of Part 1940 of this chapter.

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RD Instruction 2024-F

§ 2024.258 [Compliance]{.underline}.

All Rural Development officials seeking to purchase advertisements must
comply with this instruction and all other departmental and agency
directives pertinent to the subject matter, including but not limited to
Department Regulation (DR) 1490-001, "Broadcast Media and Technology
Policy;"\
DR 1470-001, "Policy for Visual Communication Standards;" and DR
1480-001, "Photography Policy."

§§ 2024.259 -- 2024.300 \[Reserved\]

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