AndiiM

Contract is priced T&M. Contract language is as follows: " Failure to complete the mandatory annual training and electronically sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

Looking for some assistance on a situation that we have come across whereby the Contracting Officer is requesting a credit on future invoices for an employee who has been employed on the contract for a number of months, but failed to take the initial security training as required per our Prime contract. There are many variables involved as to why the employee did not take the training, and we are aware that no excuses are sufficient. However, I can find no precedence that shows the Government is entitled to reimbursement for all of her hours going back 9 months where she did not have the training, and certainly not by way of a credit to future invoices. The Government has accepted and paid these invoices, and the employee in question was on the program roster the entire time, so they were aware she was billing to the contract. Has anyone had any experience with this type of request, or may be able to offer guidance on how to respond to the Contracting Officer? The employee has since been removed from the program, and has not been billing anytime as of the date we were made aware the training was not complete, but we are a little taken aback by the request to refund all monies previously paid for work the employee performed.