FAR 5.702—Applicability.
Plain-English Summary
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.
Key Rules
Applies Above $25,000
The subpart applies to all actions expected to exceed $25,000. The dollar threshold is based on the expected value of the action, so contracting personnel must assess applicability before proceeding with publicizing or award.
Recovery Act Funding Triggers Coverage
The action must be funded in whole or in part by the Recovery Act. Even partial Recovery Act funding is enough to bring the action within this subpart’s scope.
Includes Orders
Unlike the general synopsis rules in FAR subparts 5.2 and 5.3, this subpart expressly includes orders. Agencies must therefore consider Recovery Act publicizing requirements for task and delivery orders as well as standalone contracts.
Covers Non-Fixed-Price or Noncompetitive Actions
This subpart also applies to actions that are not both fixed-price and competitive. That means the coverage is broader than the usual publicizing framework and reaches actions that might otherwise be treated differently under standard synopsis rules.
Broader Than General Publicizing Rules
FAR 5.702 is an applicability provision that expands the reach of subpart 5.7 beyond the baseline rules in subparts 5.2 and 5.3. When Recovery Act funds are involved, the special requirements control to the extent they apply.
Responsibilities
Contracting Officer
Determine whether the contemplated action is expected to exceed $25,000 and whether any portion is funded by the Recovery Act. Apply the subpart’s publicizing requirements to covered contracts, orders, and non-fixed-price or noncompetitive actions.
Program Office / Requiring Activity
Identify Recovery Act funding early and communicate it to the contracting office so the correct publicizing requirements are applied during acquisition planning.
Agency
Ensure internal acquisition procedures, templates, and review processes account for the broader applicability of this subpart to Recovery Act-funded actions, including orders and nonstandard procurement types.
Contractor / Offeror
Recognize that Recovery Act-funded opportunities may be publicly posted or otherwise handled under special transparency rules and ensure proposals and performance planning account for any Recovery Act-specific requirements.
Practical Implications
Do not assume the normal synopsis rules are enough when Recovery Act funds are involved; this subpart can apply more broadly.
Check funding sources early. A small amount of Recovery Act funding can trigger the subpart for an otherwise routine action.
Orders are included, so task and delivery orders may require attention even if they would not normally be publicized under the general rules.
Noncompetitive or non-fixed-price actions are not exempt just because they fall outside the typical publicizing categories.
A common pitfall is missing the applicability trigger because the Recovery Act funding is partial, indirect, or added late in the acquisition process.
Official Regulatory Text
This subpart applies to all actions expected to exceed $25,000 funded in whole or in part by the Recovery Act. Unlike subparts 5.2 and 5.3 , this subpart includes additional requirements for orders and for actions that are not both fixed-price and competitive.