What is your opinion and please provide source references.
Since you have an RDT&E effort, you should be able to fund the effort using two fiscal year appropriations because RDT&E funds are considered a multiple-year appropriation and are available for two years. For two consecutive year appropriations, there would be an overlap of one year where both appropriations are available at the same time and could be used for the same effort.
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Your primary reference is DoD 7000.14-R Financial Management Regulation (FMR) vol. 3, Chapter 8, 080201, which states:
“Officials may commit funds only to acquire goods, supplies, and services that meet the bona fide needs of the period for which Congress appropriated funds, ….. .”
In your case, that period is two years.
Another reference in the same chapter of the FMR, 080303A, states:
“Contracts or Orders for Goods, Supplies, or Services to Meet Bona Fide Need. DoD Components shall determine that the goods, supplies, or services required under contracts entered into, or orders placed obligating an annual or multiple-year appropriation, are intended to meet a bona fide need of the period for which funds were appropriated.”
Again, that period is two years.
More information regarding service contracts, severable, and non-severable services can be found later in the same paragraph as above and available at this web site: http://comptroller.defense.gov/fmr/current/03/Volume_03.pdf
This answer is based on the information provided as we do not have all the facts pertaining to your situation. As always, we highly recommend you consult the contracting officer as well as your legal office.