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

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Overview

Regulations and
Guidance

Case Studies

Frequently Asked Questions

Disclaimer

HHS Reference Tool Content

I.Basic Appropriations Law Concepts
 A.Anti-Deficiency Act
 B.Bona Fide Needs Rule
 C.Appropriation Types
  1.Annual
  2.Multiple-Year
  3.No-Year
 D.Continuing Resolution
II.Decision Factors
 A.No-Year Appropriation
 B.Bona Fide Needs Rule
 C.Acquiring Severable Services
  1.Annual Appropriation
   a.Contract period not more than one year
   b.Contract period more than one year
    -Options
    -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
    -Options
    -Incremental Funding
  3.Modifications
 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
  4.Modifications
 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

No-year Appropriation

Contract formation may continue without regard to the remainder of the information presented in this reference tool with the exception noted below. If you are in doubt about the nature of the appropriation source, consult your contracting officer or OPDIV/STAFFDIV budget/finance officials.

EXCEPTION: If an agency chooses to use the multi-year contracting authority provided by 41 U.S.C 254c (passed as part of FASA and implemented in FAR Subpart 17.1) and obligate no-year funds on an annual basis, the contract must obligate the full cancellation ceiling in the first year and cannot continue beyond the statutorily authorized term—5 years for HHS and other agencies operating under the general authority conferred by FASA.

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