Jump to content

Michele G

Members
  • Posts

    5
  • Joined

  • Last visited

Reputation

0 Neutral
  1. Yes to both of your questions. I believe I have answered my own question though. Because the contract contains 252.232-7012 and the contractor is required to submit their requests using the format identified under this clause, the form itself identifies cumulative events completed, total costs incurred to date and cumulative amount of payments previously requested, the calculations allow them to bill for any value of the milestones they were not able to obtain due to lack of incurred costs. So they can continue requesting payments. I am the ACO on this contract and the contracting officer I was referring to was the PCO. And, the contractor wasn't trying to invoice for payments in excess of their incurred costs. The contractor wasn't trying to invoice for payments in excess of their incurred costs. They were submitting invoices for payments they had not yet received because they had not yet incurred enough costs to receive the entire milestone payment.
  2. We are making payments when they are requested, the full payments however cannot be paid because it would put the contractor in an advanced payment situation. We would be providing a financial payment in excess of the costs that have been incurred.
  3. Pretty close Cumulative Milestone value is $46M Costs incurred to date is $14.5M Cumulative amt of payments previously requested $12M Can only request $2.3M of the $46M due to not enough costs incurred. They want to keep billing as they incur costs until they receive the entire $46M.
  4. Yes, that is exactly what I am asking. I believe they should get one request for the milestone payment, not multiple. I can't find anything that says they can or can't keep requesting payment until they have obtained the total value of the milestone.
  5. I have a contractor who has met various PBP (Performance-Based Payment) milestones but cannot request payment for the full value because they have not incurred the costs. They are now attempting to submit additional PBP requests as they incur additional costs in an attempt to get the full value of the milestones. I believe they get one bite at the apple. Either request it all when all conditions have been met or request the milestone less the costs, not chew on it each time they incur additional costs. DFARs 252.232-7012, PBP - Whole Contract Basis is in the contract. On a side note, I believe the milestone values were extremely high and the contractor front loaded their costs from the beginning, but I was met with resistance by the contracting officer to address this. Am I wrong for not allowing the contractor to keep billing as they incur costs?
×
×
  • Create New...