5.704 Publicizing preaward
Source: FAR 5.704 on acquisition.gov
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.
(a)
(1) Follow the publication procedures at 5.201.
(2) In addition, notices of proposed contract actions are required for orders exceeding $25,000, funded in whole or in part by the Recovery Act, which are issued under task or delivery order contracts. This does not include modifications to existing orders, but these modifications are covered postaward, see 5.705. These notices are for "informational purposes only," therefore, 5.203 does not apply. Contracting officers should concurrently use their usual solicitation practice (e.g., eBuy).
(b) Contracting officers shall identify proposed contract actions, funded in whole or in part by the Recovery Act, by using the following instructions which are also available in the Recovery FAQs under "Buyers/Engineers" at the Governmentwide Point of Entry (GPE) ( https://www.sam.gov" target="_blank">https://www.sam.gov ):
(1) If submitting notices electronically via ftp or email, enter the word "Recovery" as the first word in the title field.
(2) If using the GPE directly, select the "yes" radio button for the "Is this a Recovery and Reinvestment Act action" field on the "Notice Details" form (Step 2) located below the "NAICS Code" field. In addition, enter the word "Recovery" as the first word in the title field.
(c) In preparing the description required by 5.207(a)(16), use clear and concise language to describe the planned procurement. Use descriptions of the goods and services (including construction), that can be understood by the general public. Avoid the use of acronyms or terminology that is not widely understood by the general public.