09-10
Procurement
Information Circular
August 12, 2009
CLASS DEVIATION
FROM FAR 52.204-11, AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING
REQUIREMENTS
PURPOSE: To provide a class deviation from the requirement at FAR 52.204-11(c) to begin reporting no later than July 10, 2009.
BACKGROUND:
Development of the on-line reporting tool, which will permit recipient
reporting under the Recovery Act, has not been completed and the tool is
unavailable for contractors’ use for the first required reporting period under
FAR 52.204-11. The Office of Management
and Budget (OMB) has posted an announcement at www.FederalReporting.gov notifying
Federal contractors that the online recipient reporting tool is expected to be
available for the quarterly report due October 10, 2009. Federal contractors are not required to
report information on July 10, 2009.
However, Federal contractors who submit an invoice prior to June 30,
2009, for Recovery Act funded contract performance, should maintain the data
required by FAR 52.204-11 so that they will be positioned to report on October
10, 2009.
Because OMB has effectively granted contractors an extension in
reporting by posting a revised reporting date at the website, no formal change
will be made to the FAR Clause 52.201-11.
Nonetheless, because the clause contains a requirement to begin
reporting on July 10, 2009, this deviation is necessary to formally authorize
contracting officers to administer performance of the Recovery Act recipient
reporting requirements as if the clause required initial reporting on
October 10, 2009.
GUIDANCE: Effective retroactively to the July 10, 2009, initial reporting date, contracting officers are authorized to deviate from FAR 52.204-11 by delaying the requirement for the initial recipient report until October 10, 2009.
EFFECTIVE DATE: This PIC is effective as dated and shall remain in effect until all Recovery Act contracts are completed and closed.
HEADQUARTERS CONTACT: Leigh Pomponio, Contract Management Division, (202) 358-0592, e-mail: leigh.pomponio@nasa.gov.
/s/
William P. McNally
Assistant Administrator for
Procurement
DISTRIBUTION:
PIC LIST