5.404-1 Release procedures
Source: FAR 5.404-1 on acquisition.gov
Release of long-range acquisition estimates must be carefully managed to support industry planning while safeguarding security, fairness, and non-binding government interests.
Overview
FAR 5.404-1 outlines the procedures agencies must follow when releasing long-range acquisition estimates to the public. The regulation is designed to help industry plan for future government needs while ensuring that the release of information does not lead to market manipulation, security breaches, or premature disclosure of sensitive acquisition details. The agency head or designee is responsible for determining when such information can be released and must ensure that all releases comply with security, transparency, and fairness requirements.
Key Rules
- Application of Release
- Long-range acquisition estimates may be released if they assist industry planning, do not encourage undesirable practices, and do not signal industry-wide mobilization.
- Conditions for Release
- Classified information must be handled through proper security channels. Releases must be publicized widely and simultaneously, include disclaimers about the non-binding nature of the estimates, and provide contracting officer contact information. Any modifications must be promptly publicized. Coordination with small business and public relations personnel is required, and releases should include relevant acquisition details and potential small business set-aside statements.
Responsibilities
- Contracting Officers: Ensure all releases meet the outlined conditions, coordinate with relevant personnel, and provide accurate, non-binding information.
- Contractors: Use released estimates for planning but recognize they are subject to change and not binding.
- Agencies: Oversee the release process, ensure compliance with security and public information requirements, and update releases as necessary.
Practical Implications
This section exists to balance transparency with market fairness and security. It enables industry to prepare for future government needs without giving any party an unfair advantage or compromising sensitive information. Common pitfalls include failing to coordinate releases, not updating modifications promptly, or inadvertently disclosing sensitive or binding information.
(a) Application. The agency head, or a designee, may release long-range acquisition estimates if the information will-
(1) Assist industry in its planning and facilitate meeting the acquisition requirements;
(2) Not encourage undesirable practices (e.g., attempts to corner the market or hoard industrial materials); and
(3) Not indicate the existing or potential mobilization of the industry as a whole.
(b) Conditions. The agency head shall ensure that-
(1) Classified information is released through existing security channels in accordance with agency security regulations;
(2) The information is publicized as widely as practicable to all parties simultaneously by any of the means described in this part;
(3) Each release states that-
(i) The estimate is based on the best information available;
(ii) The information is subject to modification and is in no way binding on the Government; and
(iii) More specific information relating to any individual item or class of items will not be furnished until the proposed action is synopsized through the GPE or the solicitation is issued;
(4) Each release contains the name and address of the contracting officer that will process the acquisition;
(5) Modifications to the original release are publicized as soon as possible, in the same manner as the original; and
(6) Each release-
(i) Is coordinated in advance with small business, public information, and public relations personnel, as appropriate;
(ii) Contains, if applicable, a statement that small business set-asides may be involved, but that a determination can be made only when acquisition action is initiated; and
(iii) Contains the name or description of the item, and the estimated quantity to be acquired by calendar quarter, fiscal year, or other period. It may also contain such additional information as the number of units last acquired, the unit price, and the name of the last supplier.