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HHS Reference Tool for Contract Funding, Formation and Appropriations Law Compliance



Regulations and

Case Studies

Frequently Asked Questions


HHS Reference Tool Content

I.Basic Appropriations Law Concepts
 A.Anti-Deficiency Act
 B.Bona FideNeeds Rule
 C.Appropriation Types
 D.Continuing Resolution
II.Decision Factors
 A.No-Year Appropriation
 B.Bona FideNeeds Rule
 C.Acquiring Severable Services
  1.Annual Appropriation
   a.Contract period not more than one year
   b.Contract period more than one year
    -Incremental Funding
  2.Multiple-Year Appropriation
   a.Contract period will not extend beyond multiple-year appropriation's period of availability
   b.Contract period will extend beyond multiple-year appropriation's period of availability
    -Incremental Funding
 D.Acquiring Non-severable Services
  1. Funded in Full
    a.Entire Contract/Single Requirement
    b.Fully Funded Initial Requirement (Followed by Options)
  2.Multi-year Contracting
  3.Options After Initial Requirement
    a.Severable Services
    -Annual Appropriation
    -Multiple-Year Appropriation
    b.Non-severable Services
    -Fully Funded
    -Multi-Year Contract
 E.Acquiring both severable and non-severable services
  1.Single Definitive Contract
  2.Indefinite-Delivery/Indefinite-Quantity Contract
III.Case Studies
IV.Frequently Asked Questions

Decision Factors

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.

Continue with Decision Factors



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.