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    The issue is that this is FY23 $’s, and typically we would have that presidential budget submitted to congress by the 1st Monday of February, however due to the extended CR for FY22 that is yet to be submitted and by law we cannot yet release this RFP. She currently expects that to be April. Looking for the actual fiscal policy # that states this rule.


    Answer

    Answer:  You may release the RFP based on Federal Acquisition Regulation (FAR) prescription 32.706-1(a) and clause 52.232-18.  Here is what they say:

    32.706-1 Clauses for contracting in advance of funds.

          (a) Insert the clause at 52.232-18, Availability of Funds, in solicitations and contracts if the contract will be chargeable to funds of the new fiscal year and the contract action will be initiated before the funds are available.

    52.232-18 Availability of Funds.

    As prescribed in 32.706-1(a), insert the following clause:

    Availability of Funds (Apr 1984)

    Funds are not presently available for this contract . The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made . No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer .

    (End of clause)

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