The Economic Recovery Act of 2009 - Policy and Guidance

All Recovery Act Actions

• OMB M-10-08, Updated Guidance on the American Recovery and Reinvestment Act – Data Quality, Non-Reporting Recipients, and Reporting of Job Estimates (December 18, 2009). (PDF - 24 pages, 189 KB)
  Part 1 of this Memorandum provides guidance to Federal agencies intended to improve the quality of data reported under Section 1512 of the Recovery Act and further outlines important steps Federal agencies must take to both identify non-reporting recipients and take actions to bring such recipients into compliance with Section 1512 of the Act. Part 2 of this Memorandum updates Section 5: Reporting on Jobs Creation Estimates by Recipients (M-09-21).
  
  
• OMB M-10-05, Improving Compliance in Recovery Act Recipient Reporting (November 30, 2009). (PDF - 2 pages, 33 KB)
  Steps agencies must take to ensure all recipients understand their reporting obligations and the consequences of non-compliance.
  
  
• OMB M-09-30, Improving Recovery Act Recipient Reporting (September 11, 2009). (PDF - 3 pages, 51 KB)
  Identifies essential actions that Federal agencies must take immediately to effectively assist recipients in meeting reporting requirements associated with Section 1512 of the Recovery Act and to register and upload required information to FederalReporting.gov before the October 10, 2009, deadline.
  
  
• OMB Memo M-09-15, Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009. (PDF, 175 pages - 1.55 MB)
  The second installment of government-wide guidance for carrying out programs and activities enacted in the American Recovery and Reinvestment Act (“Recovery Act”) of 2009.
  
  
• Department of Labor All Agency Memorandum No. 207 (PDF, 6 pages - 3.1 MB)
  The Department of Labor provides guidance on applying Davis-Bacon Act labor standards to construction work funded under the Recovery Act. The guidance applies to contracts, grants, and other transactions.
  
  
• Frequently Asked Questions and Answers for citizens, agencies, and recipients

Lobbyist Communications

On March 20, 2009, President Obama issued an Executive Branch-wide Memorandum entitled, "Ensuring Responsible Spending of Recovery Act Funds" to foster transparency and facilitate merit-based decision-making in awarding funds. This memo provides guidance as to how to provide the American people with information regarding lobbyist communications about specific American Recovery and Reinvestment Act projects. This guidance was updated May 29, 2009.

To date, there have been no lobbyists in contact with the Department of Homeland Security regarding issues related to the Recovery Act.

• Presidential Memo - Ensuring Responsible Spending of Recovery Act Funds
  
  
• OMB M-09-24 - Updated Guidance Regarding Communications with Registered Lobbyists About Recovery Act Funds (PDF, 11 pages - 184 KB)

Contracting

• Office of Federal Procurement Policy Memo, Interim Guidance on Reviewing Contractor Reports on the Use of Recovery Act Funds in Accordance with FAR Clause 52.204-11 (September 30, 2009). (PDF - 11 pages, 58 KB)
  Describes the reporting process and the requirements for agencies to review reports.
  
  
• Acquisition Alert 09-14 Recovery Act (Amendment 05) Contract Actions – Implementation Review of Contractor Reports (PDF, 26 pages - 377 KB)
  This Acquisition Alert incorporates additional guidance on submission and review of recipient reports. The updates are based on changes promulgated by the Recovery Accountability and Transparency Board and findings from Office of Inspector General reviews of recipient reports.
  
  
• Contracts Job Guidance (PDF, 2 pages - 30 KB)
  This interim clause establishes the contractual requirement for quarterly reporting.
  
  
• Office of Chief Procurement Officer (OCPO) Memo - Recovery Act Updated Guidance (PDF, 8 pages - 427 KB)
  The Recovery Act establishes principals for transparency and accountability, along with requirements for federal contracts and interagency agreements. Initial guidance released February 18, 2009, and updated April 3, 2009.
  
  
• OCPO Memo - Recovery Act Initial Guidance (PDF, 4 pages - 361 KB)
  • Attachment A (PDF, 62 pages - 546 KB)
  • Attachment B (PDF, 1 page - 72 KB)
    
    
• Implementation of American Recovery and Reinvestment Act - Policy and Guidance (PDF, 35 pages - 206 KB)

Grants

• OMB M-09-21, Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 (June 22, 2009) (PDF - 41 pages, 551 KB).
  For assistance instruments, guidance for carrying out the reporting requirements included in Section 1512 of the American Recovery and Reinvestment Act of 2009 (Recovery Act).
  • Supplement 1, List of Programs Subject to Recipient Reporting (PDF - 15 pages, 127 KB) 
  • Supplement 2, Recipient Reporting Data Model (PDF - 23 pages, 256 KB)

Recovery Act FAR Cases

The Federal Acquisition Regulation (FAR) provides uniform acquisition policies and procedures for use by all executive agencies. Recovery Act FAR cases became effective upon issuance, on March 31, 2009.

• FAR Case 2009-008 - Buy American Requirements for Construction Material (PDF, 4 pages - 100.77 KB)
  Prohibits use of funds appropriated for the Recovery Act for any project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.
  
  
• FAR Case 2009-009 - Contractor Reporting Requirements (PDF, 4 pages - 48 KB)
  Requires that contractors must report use of Recovery Act funds to www.FederalReporting.gov, for all work funded in whole or in part by the Recovery Act.
  
  
• FAR Case 2009-010 - Publicizing Contract Actions (PDF, 5 pages - 129.23 KB)
  Implements OMB guidance for publicizing and reporting Recovery Act contract actions.
  
  
• FAR Case 2009-011 - GAO Access to Contractor Records (PDF, 2 pages - 31.55 KB)
  Adds alternate clauses to FAR that enable Comptroller General and Inspector General to review any records of the contractor or subcontractor regarding transactions using Recovery Act funds, and to interview contractor personnel.
  
  
• FAR Case 2009-012 - Protecting Contractor Whistleblowers (PDF, 4 pages - 98.87 KB)
  Provides definitions, policy and procedures for whistleblower protection specific to Recovery Act-funded transactions.
  
  
• FAR Case 2008-026 - GAO Access to Contractor Employees (PDF, 1 page - 27.99 KB)

Exceptions

• Request for Limited Nationwide Waiver of the Buy American Provision under the American Recovery and Reinvestment Act of 2009 (PDF, 7 pages - 709 KB