FAR 5.5—Subpart 5.5

Definitions.

FAR 5.501 provides the definitions that control how the advertising and publication requirements in this subpart are applied. It defines two key terms: “advertisement,” meaning a single message prepared for placement in communication media no matter how many times it is placed, and “publication,” meaning either placing an advertisement in a printed medium such as a newspaper, magazine, trade or professional journal, or broadcasting an advertisement over radio or television. These definitions matter because they determine what counts as an advertisement for purposes of the subpart and what kinds of media activity are treated as publication. In practice, contracting officers and contractors must use these definitions to decide whether a communication falls within the subpart’s coverage, especially when a message is reused across multiple outlets or formats. The section is short, but it is important because it prevents confusion over whether repeated placements create multiple advertisements and clarifies which media channels are included in publication.

Authority.

FAR 5.502 explains who has authority to approve paid advertising and when advance written authorization is required. It covers two distinct topics: advertisements in newspapers and advertisements in other media. For newspapers, the rule ties approval authority to the head of each agency under 44 U.S.C. 3702, allows that authority to be delegated under 5 U.S.C. 302(b), and requires contracting officers to obtain written authorization before placing the ad, following agency policy procedures. For media other than newspapers, the default rule is more flexible: advance written authorization is not required unless the agency head decides otherwise. In practice, this section is about internal control and approval discipline, ensuring agencies do not incur advertising costs without proper authority and that contracting officers follow the correct approval path before spending public funds on paid announcements.

Procedures.

FAR 5.503 explains the operating procedures for placing and paying for paid advertisements under the Government’s publicizing authority. It covers how orders may be placed—either directly with the media or through an advertising agency—while requiring contracting officers to give maximum opportunity to small business concerns, including small, small disadvantaged, women-owned, veteran-owned, HUBZone, and service-disabled veteran-owned small businesses. It also specifies the use of Standard Form 1449 for paper solicitations and generally for awards or orders, except when electronic commerce or the Governmentwide commercial purchase card is used for micropurchases. The section sets the pricing rule that advertisements may not be paid at rates above commercial rates charged to private individuals, including usual discounts. It further requires proof of advertising with each invoice, retention of that proof by paying offices until GAO settles the account, and submission of the invoice for payment with the written authority supporting the advertising action. In practice, this section is about ensuring paid advertising is properly competed, documented, priced, and paid in a way that is auditable and consistent with statutory requirements.

Use of advertising agencies.

FAR 5.504 explains when and how the Government may use advertising agencies under a basic ordering agreement (BOA) to help produce and place advertisements. It covers the core justification for using an agency—especially when many ads will run in multiple publications or national media—and describes the kinds of services the agency may provide, such as media selection advice, contacting media outlets, placing orders, selecting typography, copywriting, and preparing rough layouts. The section also addresses how to handle costs in commission-paying media, where the agency’s services may be effectively free to the Government beyond the space cost, and in noncommission-paying media, where the agreement must spell out whether the agency will provide placement at no cost, whether the Government may place orders directly, or whether a specific fee will be paid. Finally, it allows the BOA to cover art work, supplies, and incidentals such as brochures, pamphlets, telephone calls, and postage, while expressly excluding printing of those materials. In practice, this section is about structuring advertising support so the Government gets efficient media placement, avoids unnecessary fees, and clearly allocates who pays for what before orders are placed.