Govie

Will do.

I didn’t write the contract. I am CO #6 on this contract.

No termination settlement proposal was submitted.

They state they want a REA submitted. No other reason given.

They did issue task orders each period to cover the minimum quantity. Yes, the task order covered the work at the Facility where Contractor B performed. The contract stated that minimum quantities SHALL be ordered. Then, can I assume since a minimum quantity was required it is not a requirements contract?

Right now, the contractor is just trying to get paid for the minimums. Can we justify holding payment until an REA is submitted? I am expecting the contractor to also want to be paid for the work that was performed by the other contract company.

This was just dropped in my lap, so I will clarify. Contractor A was awarded an IDIQ contract for minimum quantities. They billed for actual quantities. Since they hadn't received the minimum quantities, at the end of the contract they billed the difference. This work covered 5 facilities as stated in the SOW. One facility thought their contractor, Contractor B would do it faster, cheaper so they had the contractor that was already working in the facility assume a large portion of Contractor A's work. The contract did not have a requirements clause stated in it, but appears to be a requirements contract. Now, Contractor A has submitted invoices for balance of work and Mgmt directed last CO to reject payment and request Contractor A submit a REA. I am looking for the correct path forward.

The contractor billed for the amount of work performed, which was well below the minimum amount on the contract. Now the contractor is billing for the difference: minimum amount minus actual amount performed. They are having me direct the contractor to submit a REA on the balance owed on the contract. Mgmt did not state the reasoning for wanting an REA instead of just paying the bill. Obligation money-the money funding the contract minimums upon contract award. This was just dropped in my lap, so I will clarify.

Have a FFP IDIQ contract with minimums per POP with only one contractor on the IDIQ. Contractor performed well and met every requirement during the full duration of each POP. Contractor waits until end of contract and bills minimums. Higher ups directed me to instruct contractor to file a REA and are holding onto the obligation monies. To add to this, a large portion of the contracted work under this IDIQ was performed by another contractor since it was a secure facility and its “management” thought the contractor would not be the wiser, but I believe the contractor is aware and will take action. My questions are: 1. Given satisfactory performance, are the minimums guaranteed to the contractor holding the IDIQ? 2. Can we legally force the contractor to do a REA and withhold payment until such time that the REA is submitted? 3. Does the same contractor have a claim against the Government for outsourcing the remaining work? 4. Does the “other” contractor illegally performing the work violate the False Claims Act? 5. How do I legally defend the position the higher ups want me to take?