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    Due to various reason, Government did not request additional FY11 funds to complete project in a timely manner. Now 205 days later, they are ready to request additional funds. Question is FY11 or FY13 funds. i can see justification for both but there should be one right answer


    There are a some important facts that were not provided and I must make an assumption in order to provide a response.
    1)  Type of contract:  fixed price construction
    2) Type of appropriation: Operations & Maintenance
    3) The additional funds required are to finish the original contract requirements only. Nothing new has been added.
    The original project was a bona fide need or valid requirement in FY 11. Therefore, FY 11 funds should be used to re-award and the complete the project. The project is approximately 75% complete with $7000 of FY 11 funds remaining.

    The remaining $7000 of FY 11 funds will be used to complete the
    Therefore, prior year FY 11 funds for the remaining amount should be requested.
    Ensure the contracting officers has consulted with the finance officer and a fiscal law attorney prior to awarding a new contract to complete the project.

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