Jump to content
The Wifcon Forums and Blogs


  • Posts

  • Joined

  • Last visited

About tguns

  • Birthday 11/13/1967

Profile Information

  • Gender
  1. Is the government responsible to reimburse the contractor for all costs specifically contained in a Collective Bargaining Agreement (CBA)? Specifically, the CBA in question states "the employer agrees to furnish the employees five (5) work uniform shirts annually, to be worn during working hours while on duty." Our contract, which is for warehouse services does not require any type of uniform to be worn.
  2. Services contract with performance in the country of Bahrain. The contract has a base period and four options. The contractor is invoicing an employee Tax Allowance of $1,000 per person to consult with a tax expert on the employees' extended overseas travel and its impact on Federal and State taxes. They are also invoicing for a Car Allowance of $400 per employee and stating they chose this method to avoid actual receipts for such expenses a taxis, car rentals, bus rides, or car purchases. Part of their justification is these charges are normal in the course of business for overseas work. Is the contractor allowed to charge these expenses under one of the cost reimbursable line items?
  3. I am talking about basic monthly invoices for services for a contract wiith one base period and four, one-year options. I was not aware of DFARS 242.803 at the time of award. Despite knowing now we are going to continue processing invoices as we are. To that end, does the DFARS reference not require the COR/KO to receive and approve the invoice at any stage of the process.
  4. Per the contract, the contractor sends the invoice to the COR and Contract Specialist (me). The COR is responsible to indicate the date received and date accepted. Although the contract states that DCAA is to forward the invoice to DFAS they email to me and I fax it to DFAS for payment.
  5. Please bear with me. Based on here_2_help's post I am understanding the date the clock starts is the day the COR/KO/Billing Office receive the emailed invoice from the contractor. So, with the assumption the invoice is proper, if the email is received on July 3, 2012 and after review and approval from the COR and DCAA I fax the invoice to DFAS on July 12, 2012 the clock should start on July 3, 2012 and the contractor should expect payment by August 3, 2012. So based on the language I previously stated was in my contract "In accordance with the Prompt Payment Act (FAR 52.232-25), payment will normally be made within thirty (30) days after receipt of proper invoice or acceptance of supplies/services, whichever is later" basically can be construed to mean that if the invoice is "proper" then receipt of a proper invoice and acceptance of the services are the same date (July 3, 2012). Therefore, the contractor is essentially not penalized for the Government's review time in that even though I may not have received the final approval from DCAA until July 12, 2012 based on the fact the invoice was approved you can say that we, the Government, accepted the services on July 3, 2012.
  6. I understand that the submission of the invoice does not mean it is proper. My position is why should the contractor be penalized for the days taken for us to review the invoice. If we accept the invoice, as originally submitted, within the prescribed 7 days, we have, in theory, accepted the invoice on the date it was date stamped by the COR/KO/Billing Office.
  7. The way we have set it up is after I receive the signed invoice and SF 1034 from the COR I send it to DCAA. After DCAA has reviewed and approved the invoice they email it back to me and I fax the documents to DFAS. DCAA never had an issue doing it that way. Actually, they seemed surprised of their need to be included in the process. That's a conversation for another day. So for example: Invoice is dated July 2, 2012; COR date stamps it July 3, 2012; COR signs it July 6, 2012; DCAA signs the SF1034 on July 11, 2012; I fax the invoice and SF1034 to DFAS on July 11, 2012. On what day does the 30-day clock start. I think the clock should start on July 3, 2012. That is the day, in theory, the invoice was accepted as proper. I don't think the contractor should be penalized for our review time.
  8. The contract includes 52.232-25 with Alternate 1. The invoice(s) are for services that have been performed and accepted. The SF1034 designates the payment as "provisional".
  9. My basic question is: What date should be used to determine when the 30-day clock starts for invoice payment? I have a CPFF contract that includes the Prompt Payment Clause and it also includes a local clause with the language "In accordance with the Prompt Payment Act (FAR 52.232-25), payment will normally be made within thirty (30) days after receipt of proper invoice or acceptance of supplies/services, whichever is later". The Prompt Payment Act states: "The due date for making invoice payments by the designated payment office shall be the later of the following two events: (A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause); (B ) The 30th day after Government acceptance of supplies delivered or services performed". Per the FAR the definition of designated billing office is the office or person designated in the contract where the contractor first submits invoices. It is designated in the contract that invoices are to be submitted to the KO and the COR. Also, since this is a CPFF contract the invoices are submitted to DCAA after they have been approved by the COR. It is the opinion of the Contractor and myself if the Government accepts the invoice the "acceptance" is, in fact, the actual date the COR received the invoice and not the date he/she actually signs the invoice. So if the invoice is dated the 4th and date stamped by the COR on the 5th day of the month and after their review they sign it on the 10th then DFAS should start the 30-day clock from the 5th and not the 10th. For this scenario I am not including the time for DCAA to review or the actual date I have faxed the invoice to DFAS since our position is DFAS should start the 30-day clock after Government acceptance which is the 5th. Our "definition" of acceptance is based on the understanding that when you accept the invoice as proper that date is the date you received the invoice and not the date you signed it. The reason is why should the contractor be penalized the days the COR has to review the invoice. If he/she accepts the original invoice he/she is accepting the date it was received and not the date it was finally signed.
  10. First, to clarify we have not issued the modification. We want to issue a bilateral modification revising the period of performance. Second, we did not do a T4C since the administrative burden was far more significant versus revising the period of performance. We have a very good relationship with the contractor and have received virtually no negative feedback from the contractor when we presented them with the future plan for the task order. I am looking for justification to not pay the fee for the remaining last two months.
  11. I have a CPFF task order with a POP of 12 months (August 2011 - July 2012). The place of performance is Afghanistan. The decision has been made to shut the operation down two months early. We have notified the contractor and they are making arrangement to re-deploy. We did not issue a T4C but did modify the task order to revise the POP to 10 months (August 2011 - May 2012). The contractor bills the fixed-fee on a pro-rata basis of 1/12 per month. Is the contractor entitled to the fixed-fee for the two months that were removed via the modification (June & July 2012)?
  • Create New...