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  • Question

    Does this cionstitute buying before need? Where can I find it in writing? Thanks, r/tim


    Answer

    Based on the research and references provided,  as well as additional information provided by the requestor, this procurement with a 27 month lead time, for a specially designed and manufactured item, does not appear to violate the "Bona Fide Needs Rule"
     
    Reference Site  http://www.wifcon.com/bona/bonafide4.htm 
     B. 4.  Delivery of Materials Beyond the Fiscal Year  Page 5-22
     
    However, the timing of delivery, while obviously a relevant factor, is not conclusive. There are perfectly legitimate situations in which an obligation may be incurred in one fiscal year with delivery to occur in a subsequent year. Thus, where materials cannot be obtained in the same fiscal year in which they are needed and contracted for, provisions for delivery in the subsequent fiscal year do not violate the bona fide needs rule as long as the time intervening between contracting and delivery is not excessive and the procurement is not for standard commercial items readily available from other sources. 38 Comp. Gen. at 630.
     
    **The Bona Fide Needs Rule published here is taken from the Principles of Federal Appropriations Law, Third Edition, Volume 1.  The updates from 2005 to 2010 are included in this document. Fourth, the updates were added to the appropriate sections of the Bona Fide Needs Rule.**

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