FMS funding to award Construction Contract in the U.S.

[ThankyouGOD]

I am trying to award a construction contract to have a roof repaired in Fort Bliss, TX.  They sent me FY23 Foreign Military Sales money.   My understanding is you're only supposed to fund with current year money when awarding new awards.  We can use prior year money, etc. when not cancelled, if we’re doing Options and mods. My question is, can FMS funds be used for Construction Contracts, and can I use the FY23 funding?  I instructed the customer to send current year FY24 funds.  I also consulted legal and was told I need current FY24 funds.  I'm not really sure about the use of FMS funding.  After instructing the customer to submit appropriate funding, I was asked why can't what they sent be used.

[ji20874]

Can you rely on your comptroller organization to tell you if the funds are appropriate for the intended use?

[ThankyouGOD]

41 minutes ago, ThankyouGOD said:

I've sent several emails. I just wanted some more information about FMS funding and how it's used.  

 

[joel hoffman]

50 minutes ago, ji20874 said:

Can you rely on your comptroller organization to tell you if the funds are appropriate for the intended use?

Agree.

41 minutes ago, ThankyouGOD said:

I've sent several emails. I just wanted some more information about FMS funding and how it's used.  

Google: “FMS funding” that should answer some questions while you wait for your funds authority to respond.

Your legal office should have a fiscal explanation for their opinion.

Can you even use FMS funds for construction type contract for a roof repair on a US Base?

Based upon experience installations will often try to improperly use funds for similar types of work.

[joel hoffman]

P.S., if you have a telephone, why can’t you call the office you emailed?  This is an unofficial website and you didn’t provide much explanation why the client organization thinks that FMS funds are appropriate for what is usually O&M type funded work ( “repair a roof “at a domestic base).

[C Culham]

1 hour ago, ThankyouGOD said:

My question is, can FMS funds be used for Construction Contracts, and can I use the FY23 funding? 

Look I am no expert.  Finding answers is sometimes easy and sometime confusing.  ji in my view has recommended a course of discussion to get expert advice.   

First I will say the reason I researched was in todays world a requisitioner uses a system typically and that system is typically set up where you can not access funding that has expired.  So I understand the question from "customer" especially if they used a system to send you a requirement and requisition

This said (and I was typing as Joel's responsew were posted) I did a simple search "Are FMS funds a one year appropriation?"   I got this response (I did not add the emphasis) "Foreign Military Sales (FMS) Trust Fund budget authority is classified as permanent, indefinite, no-year authority. Budget authority associated with FMS cases is treated as non-expiring money."   Reference for this statement is https://samm.dsca.mil/policy-memoranda/dsca-11-06#:~:text=Foreign Military Sales (FMS) Trust,treated as non-expiring money. 

I beleive ji's route is still the best as everything in the Federal government depends but maybe a simple interent search and grabbing references to have further discussion will help you with your specific instant need.  

 

[RJ_Walther]

15 hours ago, ThankyouGOD said:

I instructed the customer to send current year FY24 funds.  I also consulted legal and was told I need current FY24 funds. 

Also, as you're researching this and other funding-related issues in the future, remember that you are looking for funds available for [original] obligation in FY24, which is going to include more than just one-year FY24 funds. If you search the web for "availability for obligation" you'll find any number of resources on the topic, but since it sounds like you are DOD I would point to the Contract Attorneys Deskbook as a good resource, and it will point you to a specific section of the GAO Redbook for more detail. 

[joel hoffman]

I believe that the main question concerns the purpose for the FMS funds appropriation. 

[AREguardian]

the answer is no, if the FMS case does not specify that construction for the purpose of meeting the Foreign Customers requirements then the funding like O&M cannot be used for the roof repair.