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    Can this be paid for using CAM 3400 monies? My hunch is that it can not, but I need guidance to refer to please. It can be accomplished in one year and recertification can be done annually. My guidance AFMAN63-143 does not answer. Thank you.


    Answer

    The government can spend appropriated funds only when it can link the expenditure to a requirement and direct benefit to the government. In most cases, that linkage is established by means of a contract. With this in mind, the contract could be modified to include the contractor obtaining the certification, if in fact the contracting officer can tie the expenditure directly to a benefit received by the government. If the modification could be considered outside the scope of the contract, in accordance with FAR 6.302-1, a J&A may be needed depending on whether the contract falls under FAR Part 13 or not.

    Since you are concerned about the legality of this issue, I strongly advise that you consult with your activity's legal counsel and comptroller for an authoritative opinion.



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