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  • Question

    Is there anything prohibiting moving the funding from the travel CLIN to the labor CLIN on the delivery order? Any references that help find the answer to the question? I've checked the Red Book and the CFR and I didn't find anything that I interpreted to restrict the movement of funds from one CLIN to another if the LOA was the same for both CLINs.


    Answer

    The fact of the funds being beyond their obligation period is not an issue here.  The funds are already obligated and realigning them on the contract (moving from one CLIN to another) does not de-obligate the funds.  The one question that needs to be answered is can I use these O&M funds for the labor CLIN requirements that you want to move the funds to.  You can do this if the funds were appropriated for that purpose.  As you identified, these are FY16 O&M funds, so if the labor that the funds will be realigned to and ultimately expended were a bona fide need of FY16 then you are OK.  If the labor requirement was any year other than FY16, you could have a bona fide needs rule violation.  For more information on the Bona Fide Needs Rule, see 31 U.S. Code 1502 (a) and DOD FMR, Vol. 3, Ch. 8, para. 080304A.


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