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Overview

This section defines the scope of FAR Subpart 5.7, specifying that its publicizing requirements apply to any contract action exceeding $25,000 that utilizes American Recovery and Reinvestment Act of 2009 (Recovery Act) funds.

Key Rules

  • Threshold: Applies to all contract actions expected to exceed $25,000.
  • Funding Trigger: Applicable if the action is funded in whole or in part by the Recovery Act.
  • Expanded Coverage: Unlike standard publicizing rules in FAR 5.2 and 5.3, this subpart specifically includes requirements for orders (e.g., task and delivery orders).
  • Risk-Based Requirements: Imposes additional transparency requirements for contract actions that are not both fixed-price and competitively awarded.

Practical Implications

  • Contracting officers must apply more stringent reporting and transparency standards for Recovery Act actions than they would for standard acquisitions, particularly regarding the publicizing of individual orders.
  • Acquisition teams must be prepared for heightened documentation requirements when utilizing non-competitive or non-fixed-price vehicles funded by the Recovery Act.

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