FAR 5.705—Publicizing postaward.
Plain-English Summary
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.
Key Rules
Follow normal posting procedures
Contracting officers must use the usual publication procedures in FAR 5.301, except where FAR 5.705 specifically overrides the exceptions in 5.301(b)(2) through (7). This means the postaward notice rules here control when they apply.
Post covered Recovery Act awards
Any action exceeding $500,000 that is funded in whole or in part by the Recovery Act must have an award notice publicized. This includes contracts, modifications to existing contracts, orders under task or delivery order contracts, and modifications to those orders.
Mark Recovery Act actions correctly
Recovery Act-funded actions must be identified in SAM.gov/GPE using the prescribed instructions. When submitting electronically by ftp or email, the title field must begin with the word "Recovery"; when using the GPE directly, the contracting officer must select the "yes" radio button for the Recovery and Reinvestment Act action field and also begin the title with "Recovery."
Use plain public descriptions
The description required by FAR 5.207(a)(16) must be clear, concise, and understandable to the general public. Contracting officers should describe the goods and services, including construction, in plain language and avoid acronyms or specialized terms that ordinary readers would not understand.
Explain non-fixed-price or noncompetitive awards
Regardless of dollar value, if the action is not both fixed-price and competitively awarded, the award notice must include a rationale for using another pricing method and/or a noncompetitive approach. The notice must specifically state whether the action was not competitively awarded, not fixed-price, or neither.
Protect sensitive information
The rationale and notice will be publicly visible in the GPE, so contracting officers must not include proprietary information or anything that could compromise national security. The public explanation must be informative without revealing protected details.
Apply rationale rules to orders and modifications
Orders under single-award IDIQ contracts require a rationale if the underlying contract action falls into the non-fixed-price or noncompetitive categories. Orders under multiple-award IDIQ contracts require a rationale when the order is not fixed-price or when it is awarded under an exception to the competition/fair opportunity requirements. Modifications require a rationale when they modify a contract or order that itself required posting under these rules.
Use Recovery FAQs instructions
Contracting officers must use the instructions in the Recovery FAQs under "Buyers/Engineers" at the GPE to identify actions funded in whole or in part by the Recovery Act. This reinforces that the system-specific instructions are mandatory, not optional.
Responsibilities
Contracting Officer
Publicize covered postaward notices in the GPE, follow the Recovery Act identification instructions, prepare a clear public description, determine whether a rationale is required, and ensure the rationale and notice omit proprietary and national security-sensitive information.
Agency
Ensure its contracting personnel follow the FAR 5.705 posting rules and use the correct GPE/SAM.gov procedures for Recovery Act actions and other covered postaward notices.
Public/Interested Parties
Review the posted notices and rationales in the GPE as part of the transparency process; this section is designed to make the award information publicly available.
Practical Implications
This section is mainly a transparency rule, so contracting officers need to think about public disclosure at the time of award, not after the fact.
A common mistake is assuming a notice is unnecessary because an action is a modification, an order, or below a usual posting threshold; FAR 5.705 can still require posting and a rationale.
Another frequent pitfall is writing a description that is too technical, uses acronyms, or reveals sensitive information; the notice must be understandable to the general public but still protect proprietary and national security information.
For IDIQ orders, the key question is not just whether the base contract was competed, but whether the order itself is fixed-price and whether any competition exception was used.
For Recovery Act actions, the title-field and GPE marking instructions matter operationally; failing to label the action correctly can make the notice noncompliant even if the substance of the posting is otherwise correct.
Official Regulatory Text
Follow usual publication procedures at 5.301 , except that the following supersede the exceptions at 5.301 (b)(2) through (7): (a) (1) Publicize the award notice for any action exceeding $500,000, funded in whole or in part by the Recovery Act, including- (i) Contracts; (ii) Modifications to existing contracts; (iii) Orders which are issued under task or delivery order contracts; and (iv) Modifications to orders under task or delivery order contracts. (2) Contracting officers shall identify contract actions, funded in whole or in part by the Recovery Act, by using the following instructions which are also available in the Recovery FAQS under "Buyers/Engineers" at the Governmentwide Point of Entry (GPE) ( https://www.sam.gov ): (i) If submitting notices electronically via ftp or email, enter the word "Recovery" as the first word in the title field. (ii) If using the GPE directly, select the "yes" radio button for the "Is this a Recovery and Reinvestment Act action" field on the "Notice Details" form (Step 2) located below the "NAICS Code" field. In addition, enter the word "Recovery" as the first word in the title field. (3) In preparing the description required by 5.207 (a)(16), use clear and concise language to describe the planned procurement. Use descriptions of the goods and services (including construction), that can be understood by the general public. Avoid the use of acronyms or terminology that is not widely understood by the general public. (b) Regardless of dollar value, if the contract action, including all modifications and orders under task or delivery order contracts, is not both fixed-price and competitively awarded, publicize the award notice and include in the description the rationale for using other than a fixed-priced and/or competitive approach. Include in the description a statement specifically noting if the contract action was not awarded competitively, or was not fixed-price, or was neither competitive nor fixed-price. These notices and the rationale will be available to the public at the GPE, so do not include any proprietary information or information that would compromise national security. The following table provides examples for when a rationale is required. Posting of Rationale - Examples Description of Contract Action Rationale Required (1) A contract is competitively awarded and is fixed-price. Not required. (2) A contract is awarded that is not fixed-price. Required. (3) A contract is awarded without competition. Required. (4) An order is issued under a new or existing single award IDIQ contract. Required if order is made under a contract described in paragraph (b)(2) or (3) of this section. (5) An order is issued under a new or existing multiple award IDIQ contract. Required if one or both of the following conditions exist: (i) The order is not fixed-price. (ii) The order is awarded pursuant to an exception to the competition requirements applicable to the underlying vehicle ( e.g. , award is made pursuant to an exception to the fair opportunity process). (6) A modification is issued. Required if modification is made- (i) To a contract described in (b)(2) or (3) of this section; or (ii) To an order requiring posting as described in (b)(4) or (5) of this section. (7) A contract or order is awarded pursuant to a small business contracting authority ( e.g. , SBA’s section 8(a) program). Required if one or both of the following conditions exist: (i) the contract or order is not fixed-price; (ii) the contract or order was not awarded using competition ( e.g. , a non-competitive 8(a) award). (c) Contracting officers shall use the instructions available in the Recovery FAQs under "Buyers/Engineers" at the GPE ( https://www.sam.gov ) to identify actions funded in whole or in part by the Recovery Act.