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Found 2 results

  1. 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?
  2. Need help please I have a contract with both FFP and CPFF CLINs. The majority are CPFF and the entire award is in excess of $10 million. I was hoping to get agreement for Performance Based Payments for the FFP CLINs which are just shy of $2 million so we're not waiting until the end of the PoP (2 years) for payment. The contracting officer tells me that because the FFP CLINs are less than $2.5 million we're not eligible for PBPs. He cited 32.104 of the FAR which clearly indicates that the "contract price" should be $2.5 million or more. I'm confused by his determination.
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