When to use FAR 52.212-5 Alt II

[GovtPeonAnne]

My contracting officer and I are having a disagreement about when to use FAR 52.212-5 Alt II. Based on my interpretation of FAR 12.301(b)(4)(ii)(A), it should be used if the funds were appropriated specifically by the American Recovery and Reinvestment Act of 2009 (ARRA 2009) or if the funds became available because something else had been funded by ARRA 2009. My contracting officer thinks that it means that it applies to any action funded with appropriated funds or by ARRA 2009.

Which one of is right?

[Retreadfed]

You are.  His interpretation is unreasonable.  If it is to be used whenever a procurement is funded with appropriated funds, there would be no need to reference the ARRA.

[Don Mansfield]

4 hours ago, GovtPeonAnne said:

My contracting officer thinks that it means that it applies to any action funded with appropriated funds or by ARRA 2009.

🤦‍♂️

[General.Zhukov]

Bing (which is ChatGPT 4) has the answer:

 

"I’ll try to explain in simple terms.

The American Recovery and Reinvestment Act of 2009 is a law that provides money to help create jobs and improve the economy. If someone wants to buy something using this money, they have to follow certain rules. One of these rules is that they have to use a special form called “Alternate II” when they make the purchase. This form helps make sure that the money is being used in the right way.

So, if someone wants to buy something using money from the American Recovery and Reinvestment Act of 2009, they have to use a special form called “Alternate II” to make sure everything is done correctly."