Based on the background information you supplied: Currently fielding a new weapon system on F-16s and 3010 BP11 funding will run out before program completion.
The question you asked:
If a program runs out of 3010 funds, that were originally used to start fielding a new aircraft weapon system, could the CAF Program Office supplement the 3010 shortfall by using NGREA funds to finish procuring kits and pay for installation labor? If not, is there a reference in any regulation or FMR section that states that it cannot? FYI, my FM team is telling me "no" but I can't get a referenced regulation from them backing up their direction. If it helps too, the F-16 fleet does have a mixture of CAF, ANG, and AFRC jets. Thank you for your time.
The violation would fall under the Purpose Statute (Title 31, US Code Section 1301) which requires appropriated funds to be used only for the purposes and programs for which the appropriation was made. In essence, unless the NGREA funds were specifically requested for the purpose of fielding this new weapon system, you cannot just take the NGREA funds and apply them to the purpose of the fielding of the new weapon system. You should talk to your Financial Management folks to find out if you can request a Reprogramming of funds which is asking permission to change the purposes for the originally requested purpose to the new purpose. I would start with the Budget Exhibits to ensure that the NGREA budget exhibits did not request funding for this specific effort. If the fielding of this new weapon system was not included for the NGREA funds, then I would ask about reprogramming. If you cannot reprogram from the NGREA, possibly you could ask for reprogramming from another 3010 program, you would have to speak with the Comptroller. If reprogramming isn't available, then possibly you can add in the additional funding in the POM/BES for an upcoming year.
I strongly suggest you bring together an IPT of Financial Management, Contracting, and possibly the Legal Office to understand options to remedy the situation.
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