Sign In
  • Question

    I need a 5 year service contact so the propagation, seed collection, installation, planting, maintenance and inspection can be completed. Some of the task are determined by season and require more than a year while the other task must be started during the same period. How can I write a contract to resolve the POP requirement for 18 months and overlap of task in the base and option years?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting officer, financial and/or legal department as appropriate. 
     
    The bona fide needs rule is one of the fundamental principles of appropriations law: A fiscal year appropriation may be obligated only to meet a legitimate, or bona fide, need arising in, or in some cases arising prior to but continuing to exist in, the fiscal year for which the appropriation was made.  More on bona fide need can be found at 31 USC 1502.
     
    As you describe the situation, the contracted services are a legitimate need of the present period.  The fact that they cannot be accomplished within a single fiscal year does not prevent the execution of the contract action.  The concern for June 2018 efforts comes to this.  To accomplish the work for June 2018, does the effort need to begin now, i.e. is it a proper requirement of FY 2017?  IT would appear that you can create the contract, with options, to accomplish your stated task and not be in violation of fiscal rules.  We suggest your Memo for Record be clear in what you are doing to avoid the appearance of skirting the rules.
     

    Open full Question Details