Publicity clause - BOA

Is this a BOA from (a) the government or (b) a higher tier (sub)contractor?

BOA from the Gov't

Issue the press release. If the government wanted to restrict your ability to do press releases, it would have said so in the BOA.

ji20874 said:

If the government wanted to restrict your ability to do press releases, it would have said so in the BOA.

This statement is certainly true.  Not knowing how sophisticated Sunlight10 is, remember that lots of requirements are incorporated by reference.  So look for clauses like DFARS 252.204-7000.

Thanks everyone! Yes, I did check the FAR and DFAR clauses in the BOA and no luck there.

@ji20874 Do you think it would be useful to request consent from the CO to issue the press release at all? Just so all bases are covered or just move forward like you mentioned earlier?

My general philosophy is not to ask a question unless I can accept the answer.

Are you okay with a NO answer?  Okay, go ahead and ask -- you might get a YES, you might get a NO.  You know your customer better that anyone here -- if doing the press release without their prior consent (even if not required by your agreement) will offend your customer, and if releasing the press release is something you want to do but you will be fine with not doing it, then go ahead and ask.

Or, since your BOA is silent, doesn't that mean you are free to act?

On ‎11‎/‎1‎/‎2019 at 1:50 PM, Sunlight10 said:

Thanks everyone! Yes, I did check the FAR and DFAR clauses in the BOA and no luck there.

@ji20874 Do you think it would be useful to request consent from the CO to issue the press release at all? Just so all bases are covered or just move forward like you mentioned earlier?

Many, many agencies have local clauses that require CO approval of press releases related to contract awards, as well as the contractor use of agency seals, etc.  I'm not aware of any FAR/Agency level clauses that restrict press releases.  My advice would be to be very careful not to miss a local clause buried in the BOA or an individual order.

Just curious- do you want to issue a press release for purposes of publicizing subcontracting and or supply opportunities?  Or is it simply for advertising purposes? 

At least for construction contracts, it is customary for various construction industry publications to report both Federal and state and local awards, often with line item prices. Of course, most state and local awards use public bidding processes, so I assume that is the source for the pricing info. 

For Federal contracts awarded under IFB procedures, the line item prices are generally public knowledge.

I can also understand where a Fed agency wouldn’t want publicity for certain contracts. In that event,  the solicitation and contract should state any restrictions.

But it is generally a good thing to alert potential subs and suppliers of business opportunities and there is nothing inherently wrong in tooting your whistle, either.

On 11/6/2019 at 3:34 PM, REA'n Maker said:

Many, many agencies have local clauses that require CO approval of press releases related to contract awards, as well as the contractor use of agency seals, etc.  I'm not aware of any FAR/Agency level clauses that restrict press releases.  My advice would be to be very careful not to miss a local clause buried in the BOA or an individual order.

Thank you kindly REA'n Maker!