5.702
Applicability
All contract actions over $25,000 funded by the Recovery Act are subject to special publicizing requirements, including additional rules for orders and non-fixed-price or non-competitive actions.
Overview
FAR 5.702 establishes the applicability of special publicizing requirements for federal contract actions funded by the American Recovery and Reinvestment Act (Recovery Act) that are expected to exceed $25,000. This section clarifies that these requirements apply to all such actions, regardless of whether they are fully or partially funded by the Recovery Act. It also highlights that, unlike other publicizing subparts (5.2 and 5.3), this subpart imposes additional requirements for orders and for actions that are not both fixed-price and competitive. The intent is to ensure greater transparency and accountability for Recovery Act spending.
Key Rules
- Applicability Threshold
- Applies to all contract actions over $25,000 funded in whole or in part by the Recovery Act.
- Coverage of Orders and Non-Standard Actions
- Includes additional requirements for orders and for actions that are not both fixed-price and competitive, expanding the scope beyond standard publicizing rules.
Responsibilities
- Contracting Officers: Must determine if the action is funded by the Recovery Act and exceeds $25,000, and apply the additional publicizing requirements as specified in this subpart.
- Contractors: Should be aware that actions under the Recovery Act may be subject to enhanced publicizing and reporting requirements.
- Agencies: Must ensure compliance with Recovery Act transparency and reporting obligations for applicable contract actions.
Practical Implications
- This section ensures that Recovery Act-funded actions are subject to heightened transparency, especially for non-standard contract types and orders.
- Contractors should anticipate additional scrutiny and reporting for qualifying actions.
- Common pitfalls include failing to identify Recovery Act funding or misunderstanding the expanded applicability beyond fixed-price, competitive actions.