5.705
Publicizing postaward
FAR 5.705 requires enhanced public notice and clear justification for Recovery Act-funded contract actions, especially those not awarded competitively or not fixed-price, to ensure transparency and public understanding.
Overview
FAR 5.705 establishes specific postaward publicizing requirements for contract actions funded by the American Recovery and Reinvestment Act (Recovery Act). It mandates enhanced transparency for awards, modifications, and orders exceeding $500,000, as well as for any contract action that is not both fixed-price and competitively awarded, regardless of dollar value. The section outlines how to identify Recovery Act-funded actions in public notices and prescribes clear, public-friendly language for descriptions. It also details when and how to provide rationales for non-fixed-price or non-competitive awards, ensuring the public can understand the reasons for such contracting approaches.
Key Rules
- Award Notice Requirement for Recovery Act Actions > $500,000
- All contract actions (including modifications and orders) exceeding $500,000 and funded by the Recovery Act must be publicized.
- Identification of Recovery Act Actions
- Notices must clearly indicate Recovery Act funding by using the word "Recovery" in the title and selecting the appropriate field in the Governmentwide Point of Entry (GPE) system.
- Plain Language Descriptions
- Descriptions must be clear, concise, and understandable to the general public, avoiding jargon and acronyms.
- Rationale for Non-Fixed-Price or Non-Competitive Awards
- For any contract action not both fixed-price and competitively awarded, a public rationale must be included in the notice, explaining the contracting approach.
- No Proprietary or Sensitive Information
- Notices must not include proprietary or national security information.
Responsibilities
- Contracting Officers: Must ensure proper publicizing of Recovery Act-funded actions, use correct identification procedures, provide clear descriptions, and include required rationales.
- Contractors: Must be aware that award details and rationales for non-standard awards will be made public.
- Agencies: Must oversee compliance with these transparency requirements and ensure information is posted correctly on the GPE.
Practical Implications
- This section exists to promote transparency and accountability for Recovery Act spending.
- It impacts daily contracting by requiring additional steps for publicizing and documenting contract actions, especially for non-standard awards.
- Common pitfalls include failing to properly identify Recovery Act actions, omitting required rationales, or using unclear language in public notices.