Subpart 5.7
Publicizing Requirements Under the American Recovery and Reinvestment Act of 2009
FAR Subpart 5.7 mandates enhanced publicizing and transparency requirements for all contract actions funded by the American Recovery and Reinvestment Act of 2009, affecting both preaward and postaward processes.
Overview
FAR Subpart 5.7 outlines the special publicizing requirements for federal contract actions funded by the American Recovery and Reinvestment Act of 2009 (ARRA). This subpart establishes additional transparency and reporting obligations for both preaward and postaward phases to ensure public awareness of how ARRA funds are being used. It defines the scope, applicability, and key terms, and details specific procedures for publicizing contract opportunities and awards related to ARRA. The subpart is designed to promote accountability and public trust by making information about ARRA-funded contracts readily accessible.
Key Rules
- Scope and Applicability
- Applies to all federal contract actions funded by ARRA, regardless of dollar value or contract type.
- Definitions
- Provides definitions specific to ARRA publicizing requirements to ensure clarity and consistency.
- Preaward Publicizing
- Requires agencies to publicize preaward notices for ARRA-funded contracts, often with additional details or timelines compared to standard requirements.
- Postaward Publicizing
- Mandates prompt postaward notification of contract awards funded by ARRA, including specific information to be made public.
Responsibilities
- Contracting Officers: Must ensure all ARRA-funded contract actions are properly publicized in accordance with the subpart’s requirements, both before and after award.
- Contractors: Should be aware that information about their ARRA-funded contracts will be made public and may need to provide data for reporting.
- Agencies: Responsible for oversight, ensuring compliance, and maintaining transparency in ARRA-related contracting actions.
Practical Implications
- This subpart exists to enhance transparency and accountability for ARRA spending.
- It impacts daily contracting by requiring additional or expedited public notices for ARRA-funded actions.
- Common pitfalls include failing to meet the specific timing or content requirements for publicizing, which can result in compliance issues or public scrutiny.