5.704
Publicizing preaward
FAR 5.704 requires clear, public notification and identification of all preaward contract actions funded by the Recovery Act, ensuring transparency and public understanding.
Overview
FAR 5.704 outlines the requirements for publicizing preaward contract actions funded in whole or in part by the American Recovery and Reinvestment Act (Recovery Act). It mandates specific procedures for publishing notices of proposed contract actions exceeding $25,000, including those issued under task or delivery order contracts. The section provides detailed instructions for identifying Recovery Act-funded actions in public notices and emphasizes the use of clear, accessible language in procurement descriptions to ensure transparency and public understanding.
Key Rules
- Publication Procedures
- Follow the standard publication procedures in FAR 5.201 for all Recovery Act-funded contract actions.
- Notice Requirements for Orders
- Publish notices for proposed contract actions over $25,000 funded by the Recovery Act, including orders under task or delivery order contracts (excluding modifications to existing orders).
- Identification of Recovery Act Actions
- Clearly identify Recovery Act-funded actions in notices by using the word "Recovery" in the title and selecting the appropriate field in the Governmentwide Point of Entry (GPE) system.
- Description Clarity
- Use clear, jargon-free language in procurement descriptions to ensure they are understandable to the general public, avoiding acronyms and technical terms.
Responsibilities
- Contracting Officers: Must ensure proper public notice of Recovery Act-funded actions, follow identification protocols, and use clear language in descriptions.
- Contractors: Should monitor public notices for Recovery Act opportunities and ensure understanding of requirements.
- Agencies: Oversee compliance with publication and identification requirements for Recovery Act-funded procurements.
Practical Implications
- This section ensures transparency and public awareness of Recovery Act-funded contract opportunities.
- It impacts daily contracting by requiring additional steps for publicizing and identifying eligible actions.
- Common pitfalls include failing to properly identify Recovery Act actions or using unclear language in notices, which can lead to compliance issues or reduced competition.