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non Severable Services


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According the Appropriationsn Law Volume I, non severable services are not to be separated. If you have a non severable services contract for 15 months, Can you use O&M money? I have found GAO cases where this has been done, but what authority authorizes this?

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If you have a valid "bone fide" need and the appropriation is the correct appropriation you can obligate the full amount for nonseverable services. You need to read the requirements stated in the Appropriations Law I Section 5.

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This is from 32.703-3 Contracts crossing fiscal years.

(a) A contract that is funded by annual appropriations may not cross fiscal years, except in accordance with statutory authorization (e.g., 41 U.S.C. 11a, 31 U.S.C. 1308, 42 U.S.C. 2459a, 42 U.S.C. 3515, and paragraph (B) of this subsection), (e.g., contracts for expert or consultant services).

"...or when the contract calls for an end product that cannot feasibly be subdivided for separate performance in each fiscal year" - this is non-severable.

If you do a Google search on non-severable and appropriations, you'll find several references stating what George Wickersham mentioned above.

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