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  • Question

    Is there a provision for KOs to initiate procurements ahead of an approved RCP/MIPR? If so, what is it? As it appears now, my organisation will be a 'choke point' in the HSP procurement process and I'm looking for a way to circumvent this. Thank you!


    Answer

    The answer to your question will depend heavily on the word "initiate."  It is possible to do some pre-award type activities prior to the receipt of funds, i.e., market research, etc.  The amount of activity will depend on your agency procedures.

    However, no contracting officer may award a contract without assuring that certified funds are available.
     
    FAR 32.702
    Policy. 

    No officer or employee of the Government may create or authorize an obligation in excess of the funds available, or in advance of appropriations (Anti-Deficiency Act, 31 U.S.C. 1341), unless otherwise authorized by law.

    Before executing any contract, the contracting officer shall—
    (a) Obtain written assurance from responsible fiscal authority that adequate funds are available or
    (b) Expressly condition the contract upon availability of funds in accordance with 32.703-2.


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