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Document
Evaluation Committee Rules of Conduct
Year Created: 2025
DOCUMENT
POL - Guidance for American Recovery and Reinvestment Act 2009
- YEAR CREATED: 2009
- ENTITY TYPE: State
- TYPE OF DOCUMENT: POL - Policies/Procedures
- Policies and Procedures
The document is an interim rule that implements Section 6.2 of the OMB Memorandum M-09-10, providing initial implementing guidance for the American Recovery and Reinvestment Act of 2009 (Recovery Act). The rule amends various parts of the Federal Acquisition Regulation (FAR) to reflect unique requirements for publicizing contract actions under the Recovery Act.
One of the key provisions of the rule is that contracting officers are required to enter data in the Federal Procurement Data System for any action funded by the Recovery Act. This ensures transparency and accountability in the use of funds. Additionally, the rule directs contracting officers to use the Governmentwide Point of Entry to identify actions funded by the Recovery Act and post pre-award notices for orders exceeding $25,000.
Furthermore, the rule emphasizes the need for clear and unambiguous descriptions of supplies and services in contract actions. This helps to ensure that the government receives the intended goods and services and avoids any misunderstandings or disputes.
The rule also requires contracting officers to provide a rationale for awarding actions that are not both fixed-price and competitive. This ensures that there is a justification for deviating from the standard practice of using fixed-price and competitive contracts, promoting fairness and efficiency in the procurement process.
It is important to note that the rule is considered a significant regulatory action and has been reviewed by the Office of Management and Budget. However, it is not expected to have a significant economic impact on small entities. Additionally, the rule does not impose any additional information collection requirements under the Paperwork Reduction Act.
The rule is being issued as an interim rule without prior opportunity for public comment due to the urgent and compelling reasons related to the implementation of the Recovery Act. However, public comments received will be considered in the formation of the final rule.