# MP5332.7 Contract Funding

#### Mandatory Procedure

MP5332.7
Contract Funding

[Revised January 4, 2012]

Release of Requests for Proposals (RFP) in Advance of Funding Availability

1. Except for solicitations issued in accordance with procedures at FAR 32.703-2, a Request for Proposal (RFP) may be released, conditioned on the availability of funds only when using the procedures described in subparagraphs (a), (b), or (c) below. The following statement must be included in any such solicitation: “Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”

(a) When the resulting contract is to be funded by Procurement or Research, Development, Test, and Evaluation, Appropriations, and the program/requirement has been included in the President’s budget as submitted to Congress. In these instances, the program manager shall provide the contracting officer a written statement (coordinated with FM at the Center level (or equivalent)) or as delegated to FM Organizational Senior Functional (OSF) that these investment funds will be used for the proposed acquisition and although not presently available, a reasonable expectation exists that funding will be authorized and available upon enactment of the Authorization and Appropriations Acts.

(b) Solicitations for programs funded by the National Guard and Reserve Equipment Account when the Defense Appropriations Act is signed into law, for the Air National Guard Bureau and/or Air Force Reserve Command provided the Air National Guard or Reserve program manager confirms that funds have been identified for the acquisition.

(c) For solicitations funded by annual appropriations when the MAJCOMs/DRU Requiring Activity Functional Commander/Director, Director of Contracting, and Comptroller jointly agree in writing to authorize the contracting office to issue solicitations when it is anticipated that the contract(s) will be funded, but funds are not yet available.