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section5.704

Publicizing preaward

Overview

This section prescribes the mandatory procedures for publicizing proposed contract actions funded by the American Recovery and Reinvestment Act of 2009, emphasizing transparency and public accessibility. It establishes specific notification requirements for Recovery Act actions that exceed standard publication rules, particularly for task and delivery orders.

Key Rules

  • Threshold for Orders: Notices are required for task or delivery orders exceeding $25,000 that are funded in whole or in part by the Recovery Act, even if issued under existing contracts.
  • Informational Status: These preaward notices are for "informational purposes only," meaning the standard publicizing timeframes in FAR 5.203 do not apply.
  • Unique Identification: Contracting officers must specifically identify these actions by entering the word "Recovery" as the first word in the title field and selecting the designated Recovery Act indicator on the Governmentwide Point of Entry (GPE).
  • Plain Language Requirement: Descriptions must be written in clear, concise language understandable by the general public, strictly avoiding technical jargon or acronyms.
  • Concurrent Procedures: Agencies must continue to use their standard solicitation practices (such as GSA eBuy) alongside these specialized GPE notices.

Practical Implications

  • Increased Administrative Burden: Contracting officers must perform double-entry by posting informational notices on SAM.gov in addition to using their standard solicitation platforms.
  • Public Transparency focus: The requirement to avoid jargon shifts the focus of the notice from a technical audience to a general public audience, ensuring taxpayer visibility into how stimulus funds are allocated.

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