Recovery Act Requirements Take Shape

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The Federal Acquisition Regulation (“FAR”) Councils have promulgated a number of important interim rules amending the FAR and implementing contract-related requirements of the American Recovery and Reinvestment Act (the “Recovery Act”). These include: (1) Buy American requirements for construction materials; (2) whistleblower protections; (3) requirements for publicizing contract actions; (4) reporting requirements; and (5) Government Accountability Office/Inspector General access to records and employees. The new rules were published in the Federal Register on March 31, 2009 and became effective on that date.[1] They apply to all contracts and subcontracts funded in whole or in part by Recovery Act funds, including contracts for the purchase of commercial items and those under simplified acquisition threshold. They represent additional requirements above and beyond the norm. Each rule is described more fully below.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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