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    My question is: if the consideration is not monetary in nature, and is instead "something else of value", does that non-monetary consideration need to be within the scope of the work that was contemplated under the contract, or can the consideration be for literally anything "of value" whether or not it is relevant to the work that was contemplated under the contract?


    Answer

    The consideration should be within the original scope of the work contemplated under the contract. If it is not, then a justification and approval may need to be accomplished if required by FAR 6.001. Per our subsequent discussion, a reduction in price could still be a viable option. Even though the funds are FY14 funds and cannot be used by your organization, the return of the funds to the U.S. Treasury would be consideration that is of value to the Government. It would also avoid the possibility of any protest by an interested party that the landscaping services were being performed without competing the work.

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