FAR 5.502—Authority.
Plain-English Summary
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.
Key Rules
Agency Head Controls Newspaper Ads
Authority to approve paid advertisements in newspapers rests with the head of each agency. This is a statutory control, so newspaper advertising cannot be treated as routine procurement activity without the proper approving official.
Delegation Is Permitted
The agency head may delegate this approval authority. Any delegation must be valid under agency procedures and applicable law, and contracting officers must rely on the delegated authority actually in place.
Written Authorization Required
Before advertising in newspapers, contracting officers must obtain written authorization in accordance with policy procedures. The requirement is advance approval, not after-the-fact ratification, unless agency rules specifically allow a corrective process.
Other Media Are More Flexible
For media other than newspapers, advance written authorization is not required by default. Agencies may still impose their own approval requirements, but only if the agency head determines otherwise.
Agency Policy Still Matters
Even where FAR does not require advance written authorization, agency policy procedures may impose additional steps. Contracting officers must follow both FAR and internal agency controls.
Responsibilities
Agency Head
Approve paid newspaper advertisements or delegate that authority in accordance with law. May also determine whether advance written authorization is required for advertisements in media other than newspapers.
Delegated Approving Official
Exercise only the authority delegated by the agency head and approve newspaper advertising consistent with agency policy and any limits on the delegation.
Contracting Officer
Obtain written authorization before placing newspaper advertisements and follow applicable policy procedures. For other media, determine whether agency-specific advance approval is required before advertising.
Agency
Establish and maintain policy procedures governing advertising approvals, delegation, and documentation. Ensure internal controls align with statutory authority and FAR requirements.
Practical Implications
Newspaper advertising is the highest-risk category here because it requires written approval before the ad runs; skipping that step can create an unauthorized commitment or a policy violation.
Contracting officers should not assume that a general procurement warrant includes authority to approve newspaper ads; the approval must come from the proper official or a valid delegate.
For radio, television, online, social media, and other non-newspaper media, the FAR default is more permissive, but agency rules may still require review or written clearance.
A common pitfall is confusing publication authority with procurement authority: the ability to buy advertising space is not the same as the authority to approve the advertisement itself.
Documentation matters. Keep the written authorization and any delegation evidence in the file so the agency can show the ad was properly approved if questioned later.
Official Regulatory Text
(a) Newspapers. Authority to approve the publication of paid advertisements in newspapers is vested in the head of each agency ( 44 U.S.C. 3702 ). This approval authority may be delegated ( 5 U.S.C. 302(b) ). Contracting officers shall obtain written authorization in accordance with policy procedures before advertising in newspapers. (b) Other media. Unless the agency head determines otherwise, advance written authorization is not required to place advertisements in media other than newspapers.