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  • Question

    Can I use my current year appropriations (3400, 3080 and 3600) to fund a new contract option crossing from FY12 to FY13 even if I've already used some FY12 funds on previous smaller options in FY12?


    Answer

    Thank-you for the additional clarification/information you provided (via prior correspondence).  Your question is regarding the use of 3400, 3080, or 3600 funds on a services contract.  First and foremost, the effort or tasks specified in the contract will determine which appropriation should be used to fund the effort.  I cannot imagine any services contract where the use all three appropriations would be acceptable.
     
    That being said, for the 3400 appropriation the Bonafide Need Rule is very specific.  Unless specifically granted an exception by your higher headquarter’ s Comptroller, only one year of services may be purchased with an annual appropriation.  Since your organization has already funded two options for a combined total of 5.5 months of effort under the FY12 appropriation, only an option for an additional 6.5 months of effort may be funded using the FY12 appropriation. 
     
    The rule is less clear for the 3080 or 3600 appropriations, as both are available for obligations for a period greater than one year.  Considering that funds are appropriated on an annual basis, purchasing services for a period greater than one year does not appear appropriate.  But because the rule is ambiguous, I strongly suggest you request guidance from your local comptroller before proceeding.

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