No because the award fee earned was never known because the COR (evaluator/monitor) never evaluated the contractor's performance, ever. So, when the CS incrementally funded the labor CLINs, that was as far as it went. The draft AFP submitted by the contractor with its proposal (suggesting 6% of the estimated labor), having never been validated/approved by the KO, is where the whole dilema lies. I believe govt, remaining silent on the acceptance of the draft AFP, had a responsibility to make 6% of the labor funding available in a CLIN (award fee pool).
Am I wrong to believe that award fee money must be made available at the time of award? Is it a myth? We just had an IG draft report come in for my activity and this very problem occured with another contract that was audited. The IG inspector made a finding that criticized us for this very thing. Is the IG wrong as well? There is a reference in the report to this requirement (I don't have the report with me at the present moment). I can post it on Monday.
But the point is this: If we never incorporated the plan from the beginning and we're nearing the end of the last task order, isn't it a moot point to do anything with an award fee plan now? Isn't the purpose of an award fee used to incentivize? What's left now for the contractor to be incentivized? The follow on will go on an omnibus vehicle...unless they view that as a subcontracting opp.
I think the only thing I can do at this point is negotiate a bilateral mod to change the contract type to a CPFF, remove the "base" fee and allow it to be absorbed somehow into a negotiated fixed fee. Does anyone disagree?