14636 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

(B) Has not issued an order within 

210 days after the submission of a 

complaint in accordance with section 

1553 of the Recovery Act, or in the case 

of an extension of time in accordance 

with section 1553 of the Recovery Act, 

within 30 days after the expiration of 

the extension of time; or 

(C) Decides in accordance with 

section 1553 of the Recovery Act not to 

investigate or to discontinue an 

investigation; and 

(ii) There is no showing that such 

delay or decision is due to the bad faith 

of the complainant. 

(2) Such an action shall, at the request 

of either party to the action, be tried by 

the court with a jury. 

(d) Whenever an employer fails to 

comply with an order issued under this 

section, the head of the agency shall 

request the Department of Justice to file 

an action for enforcement of such order 

in the United States district court for a 

district in which the reprisal was found 

to have occurred. In any action brought 

under this section, the court may grant 

appropriate relief, including injunctive 

relief, compensatory and exemplary 

damages, and attorneys fees and costs. 

(e) Any person adversely affected or 

aggrieved by an order issued under 

paragraph (b) of this subsection may 

obtain review of the order’s 

conformance with the law, and this 

section, in the United States Court of 

Appeals for a circuit in which the 

reprisal is alleged in the order to have 

occurred. No petition seeking such 

review may be filed more than 60 days 

after issuance of the order by the head 

of the agency. 

3.907–7 Contract Clause. 

Use the clause at 52.203–15, 

Whistleblower Protections Under the 

American Recovery and Reinvestment 

Act of 2009 in all solicitations and 

contracts funded in whole or in part 

with Recovery Act funds. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Add section 52.203–15 to read as 

follows: 

52.203–15 Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 

As prescribed in 3.907–7, use the 

following clause: 

Whistleblower Protections Under the 

American Recovery and Reinvestment 

Act of 2009 (Mar 2009) 

(a) The Contractor shall post notice of 

employees rights and remedies for 

whistleblower protections provided under 

section 1553 of the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111–5). 

(b) The Contractor shall include the 

substance of this clause including this 

paragraph (b) in all subcontracts. 

(End of clause) 

■ 6. Amend section 52.212–4 by 

revising the date of the clause and 

paragraph (r) to read as follows: 

52.212–4 Contract Terms and 

Conditions—Commercial Items. 

* * * * * 

Contract Terms and Conditions— 

Commercial Items (MAR 2009) 

* * * * * 

(r) Compliance with laws unique to 

Government contracts. The Contractor agrees 

to comply with 31 U.S.C. 1352 relating to 

limitations on the use of appropriated funds 

to influence certain Federal contracts; 18 

U.S.C. 431 relating to officials not to benefit; 

40 U.S.C. 3701, et seq., Contract Work Hours 

and Safety Standards Act; 41 U.S.C. 51–58, 

Anti-Kickback Act of 1986; 41 U.S.C. 265 and 

10 U.S.C. 2409 relating to whistleblower 

protections; Section 1553 of the American 

Recovery and Reinvestment Act of 2009 

relating to whistleblower protections for 

contracts funded under that Act; 49 U.S.C. 

40118, Fly American; and 41 U.S.C. 423 

relating to procurement integrity. 

* * * * * 

(End of clause) 

■ 7. Amend section 52.212–5 by— 

a. Revising the date of the clause; 

b. Redesignating paragraphs (b)(3) 

thru (b)(41) as paragraphs (b)(4) thru 

(b)(42), respectively, and adding a new 

paragraph (b)(3); and 

c. Redesignating paragraphs (e)(1)(iii) 

thru (e)(1)(xiii) as paragraphs (e)(1)(iv) 

thru (e)(1)(xiv), respectively, and adding 

a new paragraph (e)(1)(iii). The revised 

and added text reads as follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items 

(Mar 2009) 

* * * * * 

(b) * * * 

(3) 52.203–15, Whistleblower Protections 

under the American Recovery and 

Reinvestment Act of 2009 (Section 1553 of 

Pub. L. 111–5). 

* * * * * 

(e)(1) * * * 

(iii) 52.203–15, Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 (Section 1553 of 

Pub. L. 111–5). Applies to subcontracts 

funded under the Act. 

* * * * * 

(End of clause) 

■ 8. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (a)(2)(vi) to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Items) (Mar 2009) 

(a) * * * 

(2) * * * 

(vi) 52.244–6, Subcontracts for Commercial 

Items. (MAR 2009) 

* * * * * 

■ 9. Amend section 52.244–6 by 

revising the date of the clause; 

redesignating paragraphs (c)(1)(ii) thru 

(c)(1)(viii) as paragraphs (c)(1)(iii) thru 

(c)(1)(ix), respectively, and adding a 

new paragraph (c)(1)(ii). 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items 

(Mar 2009) 

* * * * * 

(c)(1) * * * 

(ii) 52.203–15, Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 (Section 1553 of 

Pub. L. 111–5). Applies to subcontracts 

funded under the Act. 

* * * * * 

(End of clause) 

[FR Doc. E9–7020 Filed 3–30–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 5, 8, 13, and 16 

[FAC 2005–32; FAR Case 2009–010; Item 

III; Docket 2009–0010, Sequence 1] 

RIN 9000–AL24 

Federal Acquisition Regulation; FAR 

Case 2009–010, American Recovery 

and Reinvestment Act of 2009 (the 

Recovery Act)—Publicizing Contract 

Actions 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14637 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on an interim 

rule amending the Federal Acquisition 

Regulation (FAR) to implement the 

Office of Management and Budget 

(OMB) Guidance M–09–10, dated 

February 18, 2009, entitled, ‘‘Initial 

Implementing Guidance for the 

American Recovery and Reinvestment 

Act of 2009’’ (the Recovery Act), with 

respect to publicizing contract actions. 

DATES: Effective Date: March 31, 2009 

Applicability Date: This rule applies 

on or after the effective date of this rule 

to: (1) Solicitations issued, (2) contracts 

awarded, and (3) orders issued under 

existing task and delivery order 

contracts as defined in the rule. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before June 1, 

2009 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–32, FAR case 

2009–010, by any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FAR 

Case 2009–010’’ under the heading 

‘‘Comment or Submission.’’ Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with FAR Case 2009– 

010. Follow the instructions provided to 

complete the ‘‘Public Comment and 

Submission Form.’’ Please include your 

name, company name (if any), and 

‘‘FAR Case 2009–010’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, FAR Secretariat (VPR), 

1800 F Street, NW., Room 4041, ATTN: 

Hada Flowers, Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAC 2005–32, FAR case 

2009–010, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Millisa Gary, Procurement Analyst, at 

(202) 501–0699 for clarification of 

content. Please cite FAC 2005–32, FAR 

case 2009–010. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule implements Section 

6.2 of the OMB Memorandum M–09–10, 

‘‘Initial Implementing Guidance for the 

American Recovery and Reinvestment 

Act of 2009,’’ (Pub. L. 111–5) (Recovery 

Act). In addition, this rule enables the 

Governmentwide Point of Entry (https: 

//www.fedbizopps.gov) to be leveraged 

for the purpose of fulfilling sections 

1526(c)(4) and 1554 of Division A of the 

Recovery Act. 

On February 17, 2009, the President 

signed the Recovery Act. On February 

18, 2009, the Director of OMB issued 

initial implementing guidance. One of 

the provisions of the OMB guidance is 

to provide accountability and 

transparency relative to publicizing 

contract actions. The OMB guidance 

requires that the FAR be amended to 

reflect: 

1. Unique requirements for posting of 

presolicitation notices. 

2. Unique requirements for 

announcing contract awards. 

3. Unique requirements for entering 

awards into the Federal Procurement 

Data System (FPDS). 

4. Unique requirements for actions 

that are not fixed-price or competitive. 

B. Discussion 

In order to implement Section 6.2 of 

the OMB Guidance M–09–10, FAR Parts 

4, 5, 8, 13, and 16 are amended as 

follows: 

1. Part 4 requires the contracting 

officer to enter data in the Federal 

Procurement Data System on any action 

funded in whole or in part by the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5), in 

accordance with the instructions at 

https://www.fpds.gov. 

2. Subpart 5.7 is added to direct the 

contracting officer to use the 

Governmentwide Point of Entry 

(https://www.fedbizopps.gov) to (a) 

identify the action as funded by the 

Recovery Act; (b) post pre-award notices 

for orders exceeding $25,000 for 

‘‘informational purposes only;’’ (c) 

describe supplies and services 

(including construction) in a narrative 

that is clear and unambiguous to the 

general public; and (d) provide a 

rationale for awarding any action, 

including modifications and orders, that 

is not both fixed-price and competitive, 

and include the rationale for using other 

than a fixed-price and/or competitive 

approach. 

3. Parts 8, 13, and 16 are amended to 

reflect the new posting requirements for 

orders at Subpart 5.7. 

This is a significant regulatory action 

and, therefore, was subject to Office of 

Management and Budget (OMB) review 

under Section 6(b) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. This rule is 

not a major rule under 5 U.S.C. 804. 

C. Regulatory Flexibility Act 

The Councils do not expect this 

interim rule to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because the 

OMB guidance affects only internal 

government operations and provides a 

strong preference for using small 

businesses for the Recovery Act 

programs wherever possible. The 

interim rule does not impose any 

additional requirements on small 

businesses. Therefore, an Initial 

Regulatory Flexibility Analysis has not 

been performed. The Councils will 

consider comments from small entities 

concerning the affected FAR Parts 4, 5, 

8, 13, and 16 in accordance with 5 

U.S.C. 610. Interested parties must 

submit such comments separately and 

should cite 5 U.S.C. 601, et seq., (FAC 

2005–32, FAR Case 2009–010) in 

correspondence. 

D. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

E. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because the 

Recovery Act became effective upon 

enactment, and contracts using funds 

appropriated by the Act will soon be 

ready to award. However, pursuant to 

Public Law 98–577 and FAR 1.501, the 

Councils will consider public comments 

received in response to this interim rule 

in the formation of the final rule. 

List of Subjects in 48 CFR Parts 4, 5, 8, 

13, and 16 

Government procurement. 

Dated: March 25, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 4, 5, 8, 13, and 16 

as set forth below: 


sroberts on PROD1PC70 with RULES
14638 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 

■ 1. The authority citation for 48 CFR 

parts 4, 5, 8, 13, and 16 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 4—ADMINISTRATIVE MATTERS 

■ 2. Amend section 4.605 by adding 

paragraph (c) to read as follows: 

4.605 Procedures. 

* * * * * 

(c) The contracting officer, when 

entering data in FPDS, shall use the 

instructions at https://www.fpds.gov to 

identify any action funded in whole or 

in part by the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5). 

PART 5—PUBLICIZING CONTRACT 

ACTIONS 

■ 3. Add Subpart 5.7 to read as follows: 

Subpart 5.7—Publicizing Requirements 

under the American Recovery and 

Reinvestment Act of 2009 

Sec. 

5.701 Scope. 

5.702 Applicability. 

5.703 Definitions. 

5.704 Publicizing-preaward. 

5.705 Publicizing-post-award. 

Subpart 5.7—Publicizing Requirements 

under the American Recovery and 

Reinvestment Act of 2009 

5.701 Scope. 

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. 

5.702 Applicability. 

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. 

5.703 Definition. 

As used in this subpart— 

Task or delivery order contract means 

a ‘‘delivery order contract,’’ and a ‘‘task 

order contract,’’ as defined in 16.501–1. 

For example, it includes 

Governmentwide Acquisition Contracts 

(GWACs), multi-agency contracts 

(MACs), and other indefinite-delivery/ 

indefinite-quantity contracts, whether 

single award or multiple award. It also 

includes Federal Supply Schedule 

contracts (including Blanket Purchase 

Agreements under Subpart 8.4). 

5.704 Publicizing-preaward. 

(a)(1) Follow the publication 

procedures at 5.201. 

(2) In addition, notices of proposed 

contract actions are required for orders 

of $25,000 or more, funded in whole or 

in part by the Recovery Act, which are 

issued under task or delivery order 

contracts. These notices are for 

‘‘informational purposes only,’’ 

therefore, 5.203 does not apply. 

Contracting officers should concurrently 

use their usual solicitation practice (e.g., 

e-Buy). 

(b) Contracting officers shall use the 

instructions at the Governmentwide 

Point of Entry (GPE) (https:// 

www.fedbizopps.gov) to identify 

proposed contract actions funded in 

whole or in part by the Recovery Act. 

(c) Ensure that the description 

required by 5.207(a)(16) includes a 

narrative of the products and services 

(including construction) that is clear 

and unambiguous to the general public. 

5.705 Publicizing-post-award. 

Follow usual publication procedures 

at 5.301, except that the following 

supersede the exceptions at 5.301(b)(3) 

through (8): 

(a) For any contract action exceeding 

$500,000, including all modifications 

and orders under task or delivery order 

contracts, publicize the award notice 

and ensure that the description required 

by 5.207(a)(16) includes a narrative of 

the products and services (including 

construction) that is clear and 

unambiguous to 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. 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 

Posting rationale on 

special section of 

recovery.gov 

(1) A contract is competitively awarded 

and is fixed-price.

Not Required. 

POSTING OF RATIONALE—EXAMPLES— 

Continued 

Description of 

contract action 

Posting rationale on 

special section of 

recovery.gov 

(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 

(2) or (3). 

(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 (2) or (3) 

above; or 

(ii) To an order requiring posting as described in (4) or (5) 

above. 

(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 fixedprice; 

(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 at the Governmentwide 

Point of Entry (GPE) (https:// 

www.fedbizopps.gov) to identify actions 

funded in whole or in part by the 

Recovery Act. 

PART 8—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 4. Amend section 8.404 by revising 

the last sentence in paragraph (a); and 

by adding a new paragraph (e) to read 

as follows: 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Rules and Regulations 14639 

8.404 Use of Federal Supply Schedules. 

(a) General.* * * Therefore, when 

establishing a BPA (as authorized by 

13.303–2(c)(3)), or placing orders under 

Federal Supply Schedule contracts 

using the procedures of 8.405, ordering 

activities shall not seek competition 

outside of the Federal Supply Schedules 

or synopsize the requirement; but see 

paragraph (e) of this section for orders 

(including orders issued under BPAs) 

funded in whole or in part by the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5). 

* * * * * 

(e) Publicizing contract actions 

funded in whole or in part by the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5): 

(1) Notices of proposed MAS orders 

(including orders issued under BPAs) 

that are for ‘‘informational purposes 

only’’ exceeding $25,000 shall follow 

the procedures in 5.704 for posting 

orders. 

(2) Award notices for MAS orders 

(including orders issued under BPAs) 

shall follow the procedures in 5.705. 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 5. Amend section 13.105 by adding 

paragraph (d) to read as follows: 

13.105 Synopsis and posting 

requirements. 

* * * * * 

(d) When publicizing contract actions 

funded in whole or in part by the 

American Recovery and Reinvestment 

Act of 2009 (Pub. L. 111–5): 

(1) Notices of proposed contract 

actions shall follow the procedures in 

5.704 for posting orders. 

(2) Award notices shall follow the 

procedures in 5.705. 

PART 16—TYPES OF CONTRACTS 

■ 6. Amend section 16.505 by revising 

paragraph (a)(1); and adding paragraph 

(a)(10) to read as follows: 

16.505 Ordering. 

(a) * * * 

(1) In general, the contracting officer 

does not synopsize orders under 

indefinite-delivery contracts; but see 

16.505(a)(10) for orders funded in whole 

or in part by the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5). 

* * * * * 

(10) Publicize orders funded in whole 

or in part by the American Recovery and 

Reinvestment Act of 2009 (Pub. L. 111– 

5) as follows: 

(i) Notices of proposed orders shall 

follow the procedures in 5.704 for 

posting orders. 

(ii) Award notices for orders shall 

follow the procedures in 5.705. 

* * * * * 

[FR Doc. E9–7019 Filed 3–30–09; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4 and 52 

[FAC 2005–32; FAR Case 2009–009; Item 

IV; Docket 2009–0011, Sequence 1] 

RIN 9000–AL21 

Federal Acquisition Regulation; FAR 

Case 2009–009, American Recovery 

and Reinvestment Act of 2009 (the 

Recovery Act)—Reporting 

Requirements 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council (the 

Councils) are issuing an interim rule 

amending the Federal Acquisition 

Regulation (FAR) to implement section 

1512 of Division A of the American 

Recovery and Reinvestment Act of 2009, 

which requires contractors to report on 

their use of Recovery Act funds. 

DATES: Effective Date: March 31, 2009 

Applicability Date: The rule applies to 

solicitations issued and contracts 

awarded on or after the effective date of 

this rule. Contracting officers shall 

modify, on a bilateral basis, in 

accordance with FAR 1.108(d)(3), 

existing contracts to include the FAR 

clause if Recovery Act funds will be 

used. In the event that a contractor 

refuses to accept such a modification, 

the contractor will not be eligible for 

receipt of Recovery Act funds. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before June 1, 

2009 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–32, FAR case 

2009–009, by any of the following 

methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘FAR Case 2009–009’’ under 

the heading ‘‘Comment or Submission’’. 

Select the link ‘‘Send a Comment or 

Submission’’ that corresponds with FAR 

Case 2009–009. Follow the instructions 

provided to complete the ‘‘Public 

Comment and Submission Form’’. 

Please include your name, company 

name (if any), and ‘‘FAR Case 2009– 

009’’ on your attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, FAR Secretariat (VPR), 

1800 F Street, NW., Room 4041, Attn: 

Hada Flowers, Washington, DC 20405. 

Instructions: Please submit comments 

only and cite FAC 2005–32, FAR case 

2009–009, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. Please cite FAC 2005–32, FAR 

case 2009–009. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On February 17, 2009, the President 

signed Public Law 111–5, the American 

Recovery and Reinvestment Act of 2009 

(the ‘‘Recovery Act’’), including a 

number of provisions to be 

implemented in Federal Government 

contracts. This interim rule implements 

section 1512, which is also known as 

the ‘‘Jobs Accountability Act.’’ 

Subsection (c) of section 1512 requires 

contractors that receive awards (or 

modifications to existing awards) 

funded, in whole or in part, by the 

Recovery Act to report quarterly on the 

use of the funds. 

This FAR case adds a new subpart 

4.15, and a new clause, 52.204–11. 

Contracting officers must include the 

new clause in solicitations and contracts 

funded in whole or in part with 

Recovery Act funds, except classified 

solicitations and contracts. Commercial 

item contracts and Commercially 

Available Off-The-Shelf (COTS) item 

contracts are covered, as well as actions 

under the simplified acquisition 

threshold. 

Contracting officers who obligate 

Recovery Act funds on existing 

contracts or orders must modify those 

contracts to add the new clause. 


sroberts on PROD1PC70 with RULES