5.705 Publicizing postaward.

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 fixedprice. 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.

Parent topic: Subpart 5.7 - Publicizing Requirements Under the American Recovery and

Reinvestment Act of 2009