FAR 5.701—Scope.
Plain-English Summary
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.
Key Rules
Applies to Recovery Act funding
This subpart covers presolicitation and award notices for actions funded in whole or in part by the American Recovery and Reinvestment Act of 2009. If any portion of the action is Recovery Act-funded, the special notice requirements may apply.
Covers presolicitation notices
The scope includes notices issued before solicitation, meaning agencies must consider the subpart when announcing planned procurements tied to Recovery Act funds.
Covers award notices
The scope also includes notices after award, so the transparency requirements continue through contract award and public posting of award information.
Enhances public transparency
The stated purpose of the subpart is to improve transparency to the public. This policy objective drives the special posting requirements and explains why these actions receive heightened public visibility.
Limited to this subpart
FAR 5.701 is a scope provision only. It identifies what actions are covered, but the detailed posting procedures, timing, and content requirements are found in the other sections of FAR subpart 5.7.
Responsibilities
Contracting Officer
Determine whether an action is funded in whole or in part by the Recovery Act and apply the subpart’s presolicitation and award notice requirements to covered actions.
Agency
Maintain processes and systems that support public posting of Recovery Act-related notices and ensure compliance with the transparency purpose of the subpart.
Contractor
Recognize that Recovery Act-funded procurements and awards may be publicly posted and may carry special notice and reporting visibility beyond ordinary procurements.
Practical Implications
If a procurement is only partially funded by Recovery Act money, the special notice requirements can still apply, so funding source review matters early in acquisition planning.
This section is easy to overlook because it is only a scope provision, but missing the Recovery Act connection can lead to missed public postings and compliance problems.
Contracting officers should verify funding documentation before issuing notices so the correct posting regime is used from the start.
Contractors should expect greater public visibility for these actions and should be prepared for notices and award information to appear in public-facing systems.
The detailed requirements are elsewhere in subpart 5.7, so users should not stop at FAR 5.701 when trying to comply; they must read the implementing sections for timing and content rules.
Official Regulatory Text
This subpart prescribes posting requirements for presolicitation and award notices for actions funded in whole or in part by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act). The requirements of this subpart enhance transparency to the public.