Does bona fide need apply to no year funds?
It follows that the bona fide needs rule does not apply to no-year funds.
Can you incrementally fund a non severable service?
The non-severable service must meet the bona fide need rule and be fully funded at the time of award. Contracts for non-severable services cannot be incrementally funded.
What is the difference between appropriation current and expired periods?
During this period, funds are available for obligation adjustments, expenditures, and outlays (but no new obligations). Whereas the current period duration varies per appropriation, the expired period duration (five years) is the same for all appropriations.
What is the bona fide needs rule?
The Bona Fide Needs Rule. “An appropriation should not be used for the purchase of an article not necessary for the use of a fiscal year in which ordered merely in order to use up such appropriation. This would be a plain violation of the law.” 8 Comp. Dec. 346, 348 (1901).
How do you determine a bona fide need?
Supply items: Generally, bona fide need is determined by when the government actually requires (i.e., will be able to use) the supplies being acquired. Supply needs of a future year are the bona fide need of the year in which they are required, unless an exception applies:
Did NLRB violate the bona fide needs rule?
However, NLRB violated the bona fide needs rule when it obligated fiscal year 2006 funds to renew the two Web site database subscriptions that were not due to expire until October 31, 2006. These subscription renewals were a bona fide need of fiscal year 2007 for which fiscal year 2007 appropriations should have been used. Id .
Does the bona fide needs rule apply to inventory?
The bona fide needs rule does not prevent maintaining a legitimate inventory at reasonable and historical levels, the “need” being to maintain the inventory level so as to avoid disruption of operations. The problem arises when the inventory crosses the line from reasonable to excessive.