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           American Recovery and
             Reinvestment Act
The American Recovery and Reinvestment Act also referred to as
“Recovery Act” or ARRA, provides an unprecedented opportunity for
NIH to provide two-year funding to help stimulate the economy, create
or retain jobs, and accelerate the pace of scientific research. Along
with this opportunity comes increasing expectations of accountability
and transparency for which the government is held accountable for
every dollar spent.




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             American Recovery and
               Reinvestment Act

 The initial OALM Guidance on the American Recovery and
   Reinvestment Act of 2009 was dated March of 2009. The revised
   version was released July 13, 2009 which is available on the OALM,
   Office of Acquisition Management and Policy – DAPE website along
   with all the pertinent attachments.




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              American Recovery and
                Reinvestment Act

 ARRA funds are available for obligation until September 30, 2010.
   Awards shall be made only if funds are available, a bona fide need
   exists, and the contract is made consistent with FAR and applicable
   fiscal restrictions on the use of appropriated funds.

 Funds remain available for disbursement (also called expenditure)
   through September 30, 2015. After September 30, 2015, all ARRA
   appropriation accounts that provided the special two-year monies to
   NIH will expire, making those accounts unavailable for expenditure to
   cover any unpaid invoices [31 U.S.C. Sec. 1552(a) and 31 U.S.C. Sec.
   1553(a)]. However, NIH Institutes and Centers [ICs – also includes
   the National Library of Medicine (NLM) and the Office of the
   Director (OD)] are strongly encouraged to select those acquisitions
   which are most likely to accomplish the following objectives, as
   appropriate, within two years of award:



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                   American Recovery and
                     Reinvestment Act

                           Review and Approvals

 All reviews and approvals of proposed contract actions made with ARRA
   funds must be done prior to award. (Please use the “Proposed Recovery
   Act Contract Action Approval Form” located on the OAMP website)
   Program Staff must coordinate with their Director, OA, and CO as to
   whether or not the proposed contract action complies with one or more of the
   Recovery Act principles listed:




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                    American Recovery and
                      Reinvestment Act
 Preserves and creates jobs and promotes economic recovery

 Assists those most impacted by the recession

 Provides investments to increase economic efficiency by spurring technological
   advances in science and health

 Invest in transportation, environmental protection, and other infrastructure that will
   provide long-term economic benefits or

 Helps to stabilize state and local government budgets, in order to minimize and
   avoid reductions in essential services and counterproductive state and local tax
   increases.

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                       American Recovery and
                         Reinvestment Act


 There are different approvals and review levels based on the dollar amount and
   type the actions:

    – Research & Development (R&D)
    – Non R&D (Over $500,000)
    – Non R&D (Up to $500,000)




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                   American Recovery and
                     Reinvestment Act

                                   Competition

 All actions should be competed to the maximum extent practical. In the event an
   action is not competed sufficient market research must be conducted to support
   the award. A sources sought notice shall be posted in FedBizOpps for all ARRA
   funded contract actions anticipated to be non-competitive and exceed the micro-
   purchase threshold with the exception of 8(a), Ability One, in-scope modifications
   and orders issued under multiple award contracts whereby one of the exceptions
   to fair opportunity applies. Sources sought notices must be posted for a minimum
   of 10 calendar days.




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                   American Recovery and
                     Reinvestment Act

 Terms and Conditions and Federal Acquisition Regulation Requirements

 Follow the requirements in FAR Subpart 5.7 for pre-solicitation and award
   notices – FAR Case 2009-010;

 Follow the requirements in FAR Section 4.605(c) to distinguish Recovery Act
   actions in the Departmental Contract Information System (DCIS) and the
   Federal Procurement Data System (FPDS);




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                American Recovery and
                  Reinvestment Act
Use these additional FAR requirements to implement the Recovery Act:

 FAR Case 2009-008, American Recovery and Reinvestment Act – Buy
    American Requirements for Construction Material;
   FAR Case 2009-009, American Recovery and Reinvestment Act – Reporting
    Requirements;
   FAR Case 2009-011, American Recovery and Reinvestment Act – GAO/IG
    Access; and
   FAR Case 2009-012, American Recovery and Reinvestment Act –Whistleblower
    Protections.
   The Recovery Act solicitation provisions and contract clauses are included in the
    NCI Workforms which can be found on the NCI OA intranet at http://oa-
    intranet.nci.nih.gov/workforms_set.htm. Additionally, the provisions and clauses
    for commercial items and simplified acquisitions can also be found on this
    website. These provisions and clauses will be mandatory for NIH awards
    obligating ARRA funds.



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                   American Recovery and
                     Reinvestment Act
                               Existing Awards

 ARRA funds may be used for acquisitions prior to the effective date of the
   Recovery Act. However, solicitations must be amended to identify them as
   ARRA related actions. Also, the ARRA clauses mentioned above must be
   negotiated into the contracts as part of the award process and award reports
   must be amended to identify them as ARRA funds related actions. Co-
   funding of contract actions awarded with ARRA funds is acceptable by two
   or more ICs as long as co-funders used ARRA funds ONLY and all
   applicable rules are followed. Co-mingling of Non-ARRA funds with ARRA
   funds is NOT permitted.

   All ARRA funds must be tracked and reported separately from NIH’s regular
   appropriations.

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              American Recovery and
                Reinvestment Act

 In order to avoid co-mingling of funds a separate Line Item with the
   ARRA associated funding should be used when multiple lines of
   accounting are included under a contract/order. Line item accounting
   on these contracts is tied to specific tasks and tracked on an invoice log
   to ensure that all ARRA funds are clearly for a specific task associated
   with the ARRA approved acquisition that has separate pricing.




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              American Recovery and
                Reinvestment Act

             Requirements for Entering Awards into DCIS



 ICs must ensure that all reporting related to the Recovery Act is
   complete and accurate.

 Use of all ARRA funding must be reported through DCIS/FPDS. ICs
   are encouraged to use PRISM to access DCIS.




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              American Recovery and
                Reinvestment Act
 When entering data in DCIS on any action (including modifications)
   funded by the Recovery Act, ICs must enter the Treasury Account
   Symbol (TAS) in the Description of Requirement field (DCIS Item 6M).
   The TAS code should be entered with TAS:: preceding the code and
   ::TAS following the code. The code itself should have spaces between
   the segments, i.e., Agency code (2 characters) would be entered
   followed by a space then the Account code (4 characters). The entry
   would appear as follows: TAS::XX XXXX::TAS

 Add the words “Recovery Act” to the Description of Requirements field
   immediately following the TAS.

        Please see Attachment G on the OAMP-DAPE website under
   the “Recovery Act” Guidance located at
   http://oamp.od.nih.gov/Division/DAPE/dape_links.asp

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              American Recovery and
                Reinvestment Act
                    FedBizOpps Notices & Reporting

 The word “RECOVERY” must be in the title for all FBO notices
   (sources sought, presolicitation and award notices)

 When creating a presolicitation notice in FBO, identify whether or not it
   is a Recovery Act action by selecting the “yes” radio button for the “Is
   this a Recovery and Reinvestment Act action” field.

 Presolicitation Notices of TO/DOs $25,000 and above (which includes
   GWACs, MACs, FSS contracts, whether single or multiple award) must
   be posted for “information purposes only”.




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             American Recovery and
               Reinvestment Act
            FedBizOpps Posting and Notice Requirements


 NOTE: The NIH Business System (NBS – PRISM) cannot be used for
  posting pre-solicitation and award notices to FBO when ARRA funds
  are utilized for an acquisition. All presolicitation and award notices for
  contract actions funded in whole or in part by the Recovery Act must be
  posted directly on the FBO website. An individual FBO User Account is
  required for this process. Those without FBO accounts should
  immediately register on the FBO website. If you have any questions,
  please contact Raymond Dillon at 301-496-2507 or dillonr@od.nih.gov.




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              American Recovery and
                Reinvestment Act
               Requirements for Posting Award Notices

 Synopses of proposed award notices in FedBizOpps shall follow the
   procedures at FAR Section 5.301, except that the following supersede
   the exceptions at FAR Section 5.301(b) (3) through (8):

 For any contract action exceeding $500,000, including all modifications
   and orders under task and 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.

 For contract actions of $25,000 but less than and including $500,000,
   including all modifications and orders under task and delivery order
   contracts issued under an existing contract that was both fixed price
   and competitive, the award notice shall indicate that it is “for information
   purposes only”.

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               American Recovery and
                 Reinvestment Act
 Regardless of dollar value, if the contract action, including all
   modifications and orders under task and delivery order contracts as
   defined in FAR Section 5.703, is not both fixed-price and competitive,
   the award notice must include the rationale for using other than fixed-
   price and/or competitive procedures.

 All award notices must include the word “RECOVERY” as the first word
   in theTitle field prior to the actual title of the award notice. Additionally,
   to assist with tracking the use of ARRA funds, the Dun and Bradstreet
   (D&B) D-U-N-S number for the awardee(s) shall be included in all
   award notices.

 When creating an award notice in FBO, identify whether or not it is a
   Recovery Act action by selecting the “yes” radio button for the “Is this a
   Recovery and Reinvestment Act action” field.


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               American Recovery and
                 Reinvestment Act
   Reviews of American Recovery and Reinvestment Contracts/Orders

 OAMP will be conducting reviews of ARRA award files for compliance.
   The “NIH Final Recovery Act Checklist” (Attachment E) must be in the
   file of all awards along with all supporting documentation of reviews
   and approvals. It is encouraged that each IC develop their own internal
   controls for compliance to be used as well. Some suggestions are;

    – Develop Standard Operating Procedures specifically for ARRA funded
      awards
    – Perform annual contract quality assessment reviews of contract files of
      ARRA funded awards to ensure compliance
    – Ensure that ALL public notices of awards, modifications and presolicitations
      included “RECOVERY ACT” in the title and descriptions
    – Ensure that all the proper and current ARRA clauses have been included
      with awards and modifications



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American Recovery and
  Reinvestment Act


    QUESTIONS?




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