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  • Question

    Since the task order was awarded in the year when the bona fide need existed, does the shifted portion of the work need to be removed form the task order as violating the bona fide needs rule? (Note: My thoughts are that it doesn't,, but others believe there is now a violation of the bona fide needs rule)


    Answer

    Most ship availabilities follow a milestone schedule. Depending upon the shift of the ship availability, there may be a bona fide need of the pre-ship availability work. This would depend upon the milestone schedule as well as the color of the funds utilized for the pre-ship availability work. For example, if the ship availability shifts 2-3 months, and the pre-ship availability work, according to the milestone schedule, is to be conducted in the present, there is a bona fide need for the pre-ship availability work. Obviously there would need to be funding (color of funding) that matches the bona fide need and the work effort. If the ship availability shifted to a later date (a few years), then the bona fide need could also shift a few years according to the ship availability a milestone schedule, and the corresponding funding would also need to be revised to the new fiscal year(s).

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