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  • Question

    COR wants the KO to conduct a source selection for a services contract with out first having an approved RSCA or actual funding. This agency has a list of unfunded requirements which are usually product buys that can be done quickly at the end of the FY. What is the regulations that this violates?


    Answer

    The FAR does not prohibit soliciting offers before funds are certified and available. However, FAR 32.703-2 and 32.706-1 require an availability of funds clause in solicitations in some cases to alert offerors that funds are not currently available. It is also wise to include a statement in the solicitation that funds are not currently available for the requirement but are expected to become available on or before (month/day/year). Your agency's FAR supplement may have more specific requirements for such cases.

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