What is the appropriate year of funding to utilize for O&A work? Funds from the FY of the TO award? Funds from the FY in which the O&A is submitted/negotiated per the clause? It depends? I cannot find any case law or standard practice for O&A work and funding. Please advise.
This is a great question, and probably one we have answered before here at AAP.
The overarching answer is found in DoD Financial Management Regulation Volume 3, Chapter 10 (see 100202 starting on page 10-3). You would use the same year O&M that was used when the TO was issued. The rationale, or theory, is the same for why the PGI says these are "in scope..."; it is not a new requirement. It was a level of work that was not able to be determined until overhaul and repair activities actually occur and more information about the repair or overhaul is learned.
If you are in a later fiscal year after the TO was issued and funded and there is no more O&M from that year (this is very rare) you would then be able to use current year O&M to fund the Over and Above CLIN. Please consult with your fiscal law attorney, they should concur wit this answer.