Kimberly C

Maybe I was not clear. let me try to clear things up: May 2019 an option year was exercised and 1.5 million was obligated (partially funded) to the contract for work that is part of the contract (expected to be expended at approximately $200K per month). June 2019 a RFQ was issued for additional work (within scope). July 2019 the CO issued the NTP for 1.05 million with no additional funds being added to the contract (or received from the business unit). The NTP was never codified into the contract via modification. Funding was available at the agency level (not in the business unit). There was no additional ceiling on the contract available to incorporate the 1.05 million unless it was removed from option years as the contract ceiling was set per clin and per year basis.

By issuing a NTP and not actually formalizing the modification. (so it never was never actually written into the contract writing system.)

clarification: no there is no different color of money, and no expiring funds.

I have inherited a T&M contract with labor hour clins. In May there was 1.5 million obligated onto the labor hour clin. In June the CO issued a an RFQ for a FFP requirement. July 1st the CO issued a NTP for 1.05 Million for the FFP requirement. Due to circumstances only 350K was expended prior to a stop work being issued in Aug. No additional money was provide outside of the labor hour money already on the contract. No modification was completed to formalize the NTP. in November the contract CO was changed (yeah me) and it was determined that the contractor was holding the invoice from the NTP as well as the fact that there was no longer any money in the labor hour CLIN. The CO immediately issued a stop work and asked for additional funds, as well as working to formalize the NTP. Funding was provided but do I have a an ADA violation on the authorization to proceed or does the fact that their was money on the T&M clin cover the CO?