FAR 5.7—Subpart 5.7

Scope.

FAR 5.701 is the scope statement for the Recovery Act notice requirements in FAR subpart 5.7. It explains that this subpart applies to presolicitation and award notices for contract actions funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (Recovery Act), and that the purpose of these requirements is to increase transparency to the public. In practice, this means agencies and contracting officers must identify Recovery Act-funded actions and follow the special posting rules in the subpart when issuing notices before solicitation and after award. The section does not itself prescribe the detailed notice content or timing; instead, it establishes the universe of actions covered and the policy reason for the special treatment. For contractors, the practical significance is that Recovery Act-funded opportunities and awards may be publicly posted with enhanced visibility and reporting expectations. For agencies, it creates an affirmative obligation to treat these actions as a transparency-sensitive category and ensure the required notices are posted correctly and consistently.

Applicability.

FAR 5.702 explains when the Recovery Act publicizing rules in subpart 5.7 apply and how they differ from the general synopsis requirements in FAR subparts 5.2 and 5.3. It covers all contract actions expected to exceed $25,000 that are funded in whole or in part by the Recovery Act, including orders and actions that are not both fixed-price and competitive. In practice, this means agencies must look beyond the normal publicizing framework and apply the Recovery Act-specific notice and reporting requirements whenever Recovery Act funding is involved, even if the action would otherwise fall outside the usual synopsis rules. The section is important because it expands coverage to a broader set of actions and ensures transparency for Recovery Act spending. For contracting officers and program offices, the key takeaway is that Recovery Act funding triggers special public notice obligations that must be checked early in acquisition planning, not after award decisions are already made.

Definition.

FAR 5.703 is a definition section for subpart 5.7, and it tells readers exactly what the term “task or delivery order contract” means for purposes of the publicizing requirements in that subpart. It cross-references the definitions in FAR 16.501-1 and then makes clear that the term is broad enough to include Governmentwide Acquisition Contracts (GWACs), multi-agency contracts (MACs), and other indefinite-delivery/indefinite-quantity (IDIQ) contracts, whether awarded to one contractor or multiple contractors. It also expressly includes Federal Supply Schedule contracts, including Blanket Purchase Agreements (BPAs) under FAR subpart 8.4. In practice, this definition matters because it determines which ordering vehicles are treated as task or delivery order contracts when applying the notice and synopsis rules in subpart 5.7. Contractors and contracting officers should use this definition to decide whether a particular ordering vehicle falls within the scope of the subpart’s publication requirements and related exceptions.

Publicizing preaward.

FAR 5.704 explains how contracting officers must publicize certain preaward notices, with special rules for actions funded in whole or in part by the Recovery Act. It ties those notices back to the general publication procedures in FAR 5.201, then adds a separate requirement to post notices of proposed contract actions for orders over $25,000 issued under task or delivery order contracts when Recovery Act funds are involved. The section also clarifies that these notices are informational only, so the usual solicitation-response rules in FAR 5.203 do not apply, although contracting officers should still use their normal solicitation methods at the same time, such as eBuy. In addition, it prescribes how to identify Recovery Act actions in the notice title or GPE form, including the use of the word “Recovery” and the proper radio-button selection in SAM.gov. Finally, it requires plain, public-facing descriptions under FAR 5.207(a)(16) so the general public can understand the planned procurement without acronyms or specialized jargon. In practice, this section is about transparency, correct tagging of Recovery Act-funded actions, and making sure public notices are understandable and properly routed through the Governmentwide Point of Entry.

Publicizing postaward.

FAR 5.705 explains how to publicize certain postaward contract actions in the Governmentwide Point of Entry (GPE), with special rules for actions funded in whole or in part by the Recovery Act and for actions that are not both fixed-price and competitively awarded. It tells contracting officers to follow the usual publicizing procedures in FAR 5.301, but it overrides some of the normal exceptions and requires posting award notices for covered Recovery Act actions over $500,000, including contracts, modifications to existing contracts, orders under task or delivery order contracts, and modifications to those orders. It also prescribes how to identify Recovery Act actions in SAM.gov/GPE, including specific title-field and radio-button entries, and it requires plain-language descriptions that the public can understand. For non-fixed-price or noncompetitive actions, it requires the award notice to include a rationale explaining why the action was not fixed-price and/or not competitive, while warning contracting officers not to disclose proprietary or national security information. The section also gives examples showing when a rationale is and is not required, including single-award and multiple-award IDIQ orders, modifications, and small business contracting authorities such as SBA 8(a) awards. In practice, this section is about transparency: it ensures the public can see who received the action, why it was awarded the way it was, and whether Recovery Act funds were involved.