If one or more of the Congressional Committees do not approve an FY19 RDTE OMNIBUS request, is the PM able to funds the same effort requested in the OMNIBUS using other RDTE funds?
What can the PM do to fund the effort submitted in the OMNIBUS?
what does it mean when an OMNIBUS is not approved?
what are the restrictions that this puts on the PM?
Does this mean that effort can't be done? or does it meant that the PM can't used FY19 funds. However, can fund the effort with other program funds via a BTR, i.e. FY20 BTR?
What happens if Congress approves the OMNIBUS, however is too late for the PM to execute the funds due to year end dead lines?
Thank you for your question. I think that all of your questions effectively boil down to 2:
- If one or more of the Congressional Committees do not approve an OMNIBUS request, can the PM fund the same effort requested in the OMNIBUS using other means (such as BTR funds, excess funds that have come available since the time of the OMNIBUS, etc).
RESPONSE: No, if one or more of the Congressional Committees do not approve an OMNIBUS request, you may not fund the same effort requested in the OMNIBUS using other means. The Department of Defense Financial Management Regulations (DoD FMR) specifically addresses this situation as follows:
DoD FMR, 060411. Congressional Committee Approval of DD 1415 Requests
E. If the congressional committees have denied a reprogramming increase, DoD policy prohibits use of a series of below-threshold reprogramming actions as a means to finance the requested increase.
2. What happens if Congress approves the OMNIBUS, however is too late for the PM to execute the funds due to year-end dead lines?
RESPONSE: This is a very common scenario with OMNIBUS requests, as generally the OMNIBUS request is submitted to Congress in May and dis/approval is not received until late August (with funds often expiring for new obligations at the end of September). Generally, Congress is not very sympathetic to this situation, as they view the need for an OMNIBUS to be a lack of proper planning of your part. Given that, you need to be ready to execute OMNIBUS funds very quickly, so I would highly recommend having all contract award actions fully completed - up to the point of actual contract award/obligation. That way, as soon as the OMNIBUS approval is received and the funds are made available to your program for legal obligation, you can quickly act to award the contract and obligate those funds before they expire. The OMNIBUS will not provide you with any additional time to legally obligate the funds, so they will expire for new obligations just like any other (in your case) 2nd year RDTE funds. This is so common a scenario that we often address it in our DAU classes.