Sal

19 hours ago, Retreadfed said:

This seems to indicate that the direction was written instead of verbal.

It was a verbal; and I just wanted to clarify that the KO is not denying what happened. My take away is without of a TO modification to capture the additional work, the invoice rejection is justified.

Understood...this situation is merely due to an administrative burden beyond the KO’s control...there is no conflict or claim here...it is the price of doing business with the Government. The service provider will eventually get paid for the additional work.

Thank you All for your time and contribution.

The Contracting Officer (KO) is not denying the verbal approval (e-mail direction to proceed is on file)....The KO is saying that absence of a contract modification capturing the change; the contractor cannot submit his invoice however the work was authorized and completed satisfactorily. The issue here is why the contractor should wait for the government to process a modification while he already fulfilled his contractual obligation? What if it takes the government a month to process the modification...? Thanks.

Hello!

I have a scenario and respectfully request your opinion:

1. Contractor X performing under a Task Order for commercial services.

2. The Contracting Officer VERBALLY authorizes additional work within scope of the contract.

3. Contractor X completes the work and performs satisfactorily.

4. Contractor X submits their invoice under WAWF.

5. KO recommends rejection of the invoice because a contract modification to capture the additional work (VERBALLY AUTHORIZED) was not yet processed by the Government.

Is the invoice rejection justified? If yes, what’s the authority?

Thank you.

Thanks everyone. I will do further research and have a conversation with our Legal Counsel.

Yes, this is a DoD Agency. By acquisition workforce I meant someone outside the 1102 or 1105 series. A US Government employee Program Analyst (0343) or a Service Member without any acquisition training or certification for example.

Jason,

I think, I wasn't clear enough. Please allow me: Can a non-acquisition personnel issue a Task Order (TO) (SPS - PD2), draft a memorandum  for the record, gather all the necessary documentation then submit the TO file to the Contracting Officer for review and release/award/signature? If yes/no, what is the statutory authority?

Can unique acquisition workforce functions be performed by non-acquisition workforce ( F&R determinations, review

funds availability, other necessary memorandums and contract file documentation)? If yes/no, what is the statutory base?