1. DoD Budget & Policies - How They Affect Your Business
How many follow budget and other legislation?
Do you think this is important?
How many had contract awards delayed this past year?
June 28, 2018

3. Constitutional Foundation
Congress has the Power of the Purse
Article I § 9 - “[n]o Money shall be drawn from the Treasury but in Consequence of an Appropriation made by Law
“The established rule is that the expenditure of public funds is proper only when authorized by Congress, not that public funds may be expended unless prohibited by Congress.” United States v. MacCollom, 426 U.S. 317 (1976)
Contracts not awarded until Congress passes, President signs and Agency receives funds

4. Congressional Approval
Two bills comprise the Congressional Process
Appropriations Bills provide budget authority or the ability to obligate funds
Authorization Bills authorizes the use of funds for specific programs consistent with conditions. May also include statutory revisions, requirements on the agency, or other restrictions.
Each agency has different bills with DoD having the most complex
Omnibus
National Defense Authorization Act (NDAA)
Congress passes and the President signs
Fiscal matters are complex and not part of scope – know that the funding rules may impact your contracts especially if high visibility or new programs

5. Budget Process Executive Branch submits budget each year
5 Year Plan
Informs about agency priorities and programs
Congress debates
Legislative history is public and informs about purpose of each change
Following the Budget Process Can Help You Predict What the Government Will Buy, When and Any High Policy Priorities

6. 2018 NDAA - Examples
Acquisition Procedures: threshold changes, audit processes, and bid protests
Small Business: HUBZone designations, Phase III SBIR/STTR sole source, and impacts of multi-award contract
Supply Chain: enhanced supply chain scrutiny and strengthening manufacturing industry
Aerospace: SMC Responsibility and launch modernization

7. 2019 NDAA - Drafts
House and Senate passed initial drafts of the NDAA - congress/house-bill/5515/text.
Provides insight about focus areas.
If language concerns your business, contact your representative.
Senate 863 – program to improve manufacturing
Senate 1602 – redesignates EELV to include reusable rockets
House 220A – requires DoD to create database of innovators
House 851 – revises DoD small business strategy

8. What Can You Do? Learn and Become Active
Engage with Your Representatives
Help Them Understand Why an Issue Matters to Their District
Reach Out to Other Business Owners
Individuals
Trade Associations

9. Karri L. Palmetier Karri@palmetierlaw
Karri L. Palmetier (303) (317)
Karri Palmetier
@PalmetierLaw