FY12 Continuing Resolution – Acquisition Policy

The anticipated extended duration of Continuing Resolutions in FY12 will require NOAA acquisition professionals to devote additional attention to ensure compliance with the Anti-Deficiency Act and to avoid major disruptions to essential NOAA services. The Anti-Deficiency Act prohibits an officer or employee of the Government from creating or authorizing an obligation in excess of funds available, or in advance of appropriations, unless otherwise authorized by law.

Absent specific authority, funding under a Continuing Resolution is generally available only to fund ongoing projects and activities, not new initiatives or projects. Only partially funding of firm-fixed price contracts is authorized during the period of a continuing resolution when certain conditions are met. Once all appropriations have been received and allocated, the program office must promptly provide the balance of funding necessary to fully fund the contract to the servicing acquisition office. Absent specific Congressional authority for the contract at issue, partial funding of firm-fixed price contracts cannot be used after the Department has received its appropriation.

Procurement Memorandum 2008-05, issued by the Department’s Office of Acquisition Management, and AGO-INFO-08-017 contain DOC and NOAA policy, respectively, on funding contracts under a Continuing Resolution.

DOC/OAM Procurement Memorandum 2008-05, Conducting Acquisitions Under a Continuing Resolution

AGO-INFO-08-017, Partially Funding Firm-Fixed-Price Contracts under a Continuing Resolution