ACQUISITION ALERT 2013-01
Date of Issuance: July 19, 2013
To: Heads of Contracting Activity
From: Angela Billups, Ph.D. /s/
Associate Deputy Assistant Secretary for Acquisition
Senior Procurement Executive
Subject: Guidance Regarding Funding of Contracts for Services Exceeding One Year of Performance Using Annual Appropriations
Effective Date: Immediately
The purpose of this Acquisition Alert is to provide the Department of Health and Human Services’ (HHS) acquisition workforce with the enclosed Acquisition Memorandum for Interim Policy and Guidance: Funding and Appropriations Law (enclosure 1). The Acquisition Memorandum implements the following changes:
- Rescinds APM 2010-01, entitled “Guidance Regarding Funding of Contracts for Services Exceeding One Year of Performance Using Annual Appropriations,” dated June 28, 2010;
- Supersedes the “HHS Reference Tool for Contract Funding, Formation and Appropriations Law Compliance”;
- Provides guidance and interim HHS Acquisition Regulation (attachment 1) coverage pending incorporation into the HHSAR through the formal rule making process; and
- Removal of HHSAR Clause 332.703-72“Incrementally funded fixed-price, time and materials, and labor-hour contracts (June 2010).”
The Department intends to amend the HHSAR and revise the “HHS Reference Tool for Contract Funding, Formation and Appropriations Law Compliance” so they will contain current and accurate appropriations law policy and guidance respectively. Until such time that the HHSAR and the desk reference content is revised, the enclosed interim guidance is being provided to ensure there is no gap in policy coverage.
Ensure widest distribution throughout HHS operating and staff divisions.