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Question about Bona Fide Needs
rios0311 posted a topic in Contract AdministrationMy question relates to the usual last minute rush to get all of the current year's appropriations obligated before the end of the fiscal year. I'd like to know whether or not a prior year's annual appropriation can be obligated after the new fiscal year has begun if the need for the services arose and existed in the prior year, and the program office's request was delivered to Acquisition's personnel with enough time to have a contract awarded that year. Under this scenario, the contract does not get awarded prior to the end of the fiscal year due to factors beyond the control of the program office. In other words, a research division determines it has a bona fide need for a researcher on July 1st of FY 2012. A complete procurement request package is delivered to Acquisition personnel on July 20, FY 2012. Funds to be used for this requirement are from a FY 2012 annual appropriation. Due to workload or other factors, acquisition personnel don't get the contract awarded until November, FY 2013, time at which the annual appropriation is no longer available. Is it appropriate to obligate the FY 12 annual appropriation against this contract awarded in FY 2013 since the services that are being procured are a bona fide need of the previous year?