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  • Question

    Would it be appropriate to extend a delivery for furniture purchased in FY21 to be delivered FY23? The activity had unforeseen delays in a remodel of a building where the furniture is to be placed (12-18 month delay in completion of remodel). Would an extension be in violation of the bonafide need? There are a mix of different types of funds, most are 'no year' funds but two lines are FY21 funds. Thank you.


    Answer

    I don't see that it would violate the bona fide need rule. If the contracting officer can demonstrate and has documented the need actually existed in FY 21, then the basic requirement of "bona fide need" has been met. As this pertains to a fiscal law issue, you may want to consult with legal counsel for a more authoritative opinion.

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