Special Notice on Additonal Provisions and Clauses for Commodity Purchases with Recovery Act Funds

The USDA was provided a portion of the supplemental appropriations made available by Congress through the American Recovery and Reinvestment Act of 2009 (Recovery Act). This Notice specifically relates to funds appropriated for additional commodity procurements for the Emergency Food Assistance Program administered by the Food and Nutrition Service. Federal Acquisition Circular 2005-32 amended the Federal Acquisition Regulation (FAR) March 31, 2009. This amendment, in part, added clause 52.204-11, “American Recovery and Reinvestment Act – Reporting Requirements” (attached). Procurements funded in whole or in part by the Recovery Act are mandated to include this clause. Specifically, the clause details additional vendors reporting requirements when awarded contracts funded by the Recovery Act. When responding to solicitations indicated to be part of the Recovery Act, offerors will be required to certify that they have read and agree to comply with the requirements of clause 52.204-11. For a complete list of commodities anticipated to be procured for the Emergency Food Assistance Program using Recovery Act funds, see the attached notice in full.