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GinaK

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  1. Joel, I have read 52.212-4. What we are having a problem with is the process to not accept inadequate services. The invoices are submitted through WAWF, but the COR cannot accept or reject them. Only DCAA can do so. They have already accepted the latest invoice we want to reject. I have emailed DCAA, but no response. I was directed by the CO to get signed statements by people who can state that the person was not performing, and that we have to request DCAA perform an audit. I don't understand why the COR is not in the WAWF loop. Is this the norm?
  2. The Contract employee was unable to perform the tasks. If the employee is unable to perform the tasks that would be required for this labor category, doesn't that mean she is not qualified? Bottom line, if a contractor is charging the government for the labor hours this employee when this person has not done anything productive on the contract, then what is the government's remedy?
  3. Clause 52.212-4 definitely is in the contract. This task order (off a GSA GWAC) has FFP and LH CLINS. I was told that we cannot reject part of a LH invoice, but rather must somehow request DCAA audit it. That we are supposed to show proof that the employee was not qualified to perform the tasks. Bottom line, the employee was charging hours on this contract (working from a government site), but could not work without the assistance of other contract employees (also charging LH). I was also instructed that "just because the contractor told us the employee was not performing adequately isn't proof but rather hearsay." I just simply want to be a good steward of the taxpayer's money, and perform my duties in the government's best interest.
  4. If a contract employee has proven to not perform at the level reasonably expected for the labor category being charged, and the tasks assigned, can we reject the invoice for those labor hours? The employee was on the government site, and tried to learn how to do the job by contacting others, and others helped her perform tasks the Contract PM & team lead assigned to her. I don't see why the government should pay for an employee to try to learn how to do the work, nor pay for her hours when another contract employee who is performing labor hour tasks. This has been going on for 1 1/2 years. The contractor put the employee on a performance improvement plan, but that did not resolve the issue. The employee was finally removed from the contract & government facility. However, the contractor wants to charge us for her time. Shouldn't the Government only pay for adequate performance, not just because someone was on site, and trying to figure out how to do the job? This is a task order off of a GSA contract that has FAR 52.212-4
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