Part 5105 - Publicizing Contract Actions

(Revised 09 August 2023)

Subpart 5105.1 - Dissemination of Information

5105.101 Methods of disseminating information.

5105.102 Availability of solicitations.

Subpart 5105.3 - Synopses of Contract Awards

5105.303 Announcement of contract awards.

Subpart 5105.4 - Release of Information

5105.402 General public.

5105.403 Requests from members of congress.

5105.404 Release of long-range acquisition estimates.

5105.404-1 Release procedures.

Subpart 5105.5 - Paid Advertisments

5105.502 Authority.

Subpart 5105.1 - Dissemination of Information

5105.101 Methods of disseminating information.

(a)(1) Prior to synopsizing in the GPE, contracting officers shall obtain concurrence on the notice for

all Program Executive Office (PEO) managed programs requiring a written acquisition plan in

accordance with DFARS 207.103.

(i) When the estimated dollar value of the acquisition is at least $50 million but less than $250

million, obtain the concurrence of the cognizant Program Manager.

(ii) When the estimated dollar value of the acquisition is $250 million or greater, obtain the

concurrence of the cognizant PEO.

5105.102 Availability of solicitations.

(a)(5)(iii) The senior procurement executive shall make the determination that access through

government point of entry (GPE) is not in the Government’s interest. See Appendix GG for further

delegation.
Subpart 5105.3 - Synopses of Contract Awards

5105.303 Announcement of contract awards.

(a) Public announcement.

(i) In addition to the contractual actions identified in DFARS 205.303, report all contractual actions

of significance or interest to the United States Congress, the Army, and the local community.

(ii)(1) The contracting officer shall submit an announcement of contract award to the Office of the

Deputy Assistant Secretary of the Army (Procurement) (ODASA(P)) no later than noon (12:00 p.m.,

Washington, DC, time) three business days (including the date of submission) prior to the date of the

proposed award. For example: when an award is anticipated on Thursday, the ODASA(P) must

receive the announcement no later than noon, Washington DC time, on the preceding Tuesday.

Contracting officers will submit the request along with required supporting information via the

Virtual Contracting Enterprise (VCE) portal page at https://vceportal.army.mil . A contracting officer

will not award a contract that meets the reporting threshold at DFARS 205.303(a)(i) without formal

ODASA(P) approval. If the contracting officer has not received approval of the request by 2:30 p.m.,

Washington, DC time, on the day before the desired date of contract award, the contracting officer

will contact the ODASA(P) at usarmy.pentagon.hqda-asa-alt.list.congressional-notification@army.mil

to inquire into the status of the approval.

(2) Contracting officers shall confirm the award schedule with ODASA(P) by noon of the proposed

award date using the email address in paragraph (a)(ii)(1). If the schedule is anticipated to slip, a

new award date must be established.

(3) When a contract action is to be awarded under the authority of FAR 6.302-2 and the senior

contracting official (SCO) determines that it may be impracticable to comply with the requirements

of DFARS 205.303(a)(ii)(A) and (B), the SCO, without power to delegate further, shall:

(i) Immediately notify the DASA(P) by email, with a copy furnished to the head of the contracting

activity, that explains the circumstances and requests authority to make the award in advance of

compliance with DFARS 205.303(a)(ii)(A) and (B); and

(ii) Authorize the contracting officer to award the contract only upon written approval by the

DASA(P) or, in the DASA(P)’s absence, the senior official within the ODASA(P).

(4) The contracting officer will submit the standard announcement under paragraph (a)(ii)(1) of this

section to the ODASA(P) no later than one business day after the award. In addition to the

information specified in the automated tool, the contracting officer will add a one-line comment in

the “Description” field that describes the nature of the urgency that precluded advance notification

to the Office of the Assistant Secretary of Defense (Public Affairs) (OASD(PA)).

(5) In accordance with 10 U.S.C. 2316, do not release the identity or location of the awardee to any

individual, including a Member of Congress, until OASD(PA) makes the public announcement.

(6) Paragraph (a)(ii)(3) of this section is the only authorized Army-level exception to DFARS

205.303(a)(ii)(A) and (B). No contracting activity-level deviation from this provision may be

authorized.

(iii) The ODASA(P) informs the Office of the Chief Legislative Liaison who in turn informs the
members of Congress in whose state or district the contractor is located and performing the

contractual requirements, and the Office of the Chief of Public Affairs who in turn notifies

OASD(PA).

Subpart 5105.4 - Release of Information

5105.402 General public.

The contracting officer must obtain concurrence from Office of the Chief Legislative Liaison,

Department of the Army, prior to releasing information regarding a congressional inquiry response

to the general public, including information proposed to be released to the news media.

5105.403 Requests from members of congress.

(a) Contracting officers shall not provide information regarding a congressional inquiry to any public

or private, individual or organization, prior to responding to the appropriate Member of Congress

(see 5105.402).

(b) When responsiveness would result in disclosure of a classified matter, business confidential

information, or information prejudicial to a competitive acquisition, the contracting officer shall

refer the proposed reply, with full documentation, through the senior contracting official to the

ODASA(P) as provided in 5101.290. ODASA(P) will seek agency head approval as defined in

5102.101. The contracting officer shall inform the Office of the Chief Legislative Liaison of the action

and submit an interim response to the appropriate Member of Congress, indicating the action being

taken.

5105.404 Release of long-range acquisition estimates.

5105.404-1 Release procedures.

(a) Application. The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may

release long-range acquisition estimates. See Appendix GG for further delegation.

Subpart 5105.5 - Paid Advertisments

5105.502 Authority.

(a) The head of the contracting activity shall approve the publication of paid advertisements in

newspapers. See Appendix GG for further delegation.