HHS Reference Tool for Contract Funding, Formation and Appropriations Law Compliance
HHS Reference Tool Content
- I. Basic Appropriations Law Concepts
- II. Decision Factors
- A. No-Year Appropriation
- B. Bona Fide Needs Rule
- C. Acquiring Severable Services
- 1. Annual Appropriation
- 2. Multiple-Year Appropriation
- 3. Modifications
- D. Acquiring Non-severable Services
- 1. Funded in Full
- 2. Multi-year Contracting
- 3. Options After Initial Requirement
- 4. Modifications
- E. Acquiring both severable and non-severable services
- III. Case Studies
- IV. Frequently Asked Questions
The Decision Factors (constructed on the left navigation bar) allow the user to select basic appropriations law concepts or choose to navigate through the entire content of the reference tool. The factors are intended to serve both as a training device and to assist in the analysis of facts presented in actual contracting situations. The decision factors, which include “help notes” that explain key concepts and provide links to relevant GAO decisions, are presented in a logical progression of questions to be asked when determining the available choices and compliant strategies for contract formation and funding. Based on the scenario presented, the tool will indicate if the intended action is compliant or may lead to a non-compliant result. In the latter case, the tool alerts you to the fact that proceeding in a particular manner may lead to an appropriations law or policy violation.
This tool cannot substitute for the application by the Office of the General Counsel (OGC) of appropriations law to the facts and circumstances of a particular situation and should not be used as the sole basis for decision-making. If there is any question concerning the application of appropriations law, OGC advice must be sought.
NOTE: As you work your way through various decision factors, you have the option of clicking: the “back” arrow on your browser to go back to the previous page; or “Return to Decision Factors” to go back to the introductory “Decision Factors” page.