.gif)
Search the Community
Showing results for tags 'Ratifications'.
Found 1 result
-
Scenario: Time-and-Materials contract awarded under SBA 8(a) program. Contract consisted of a base period of performance and four option periods. Only two options were ever exercised. Contract ran its course and ended at the end of FY'12. COR retired shortly thereafter. Contractor submitted final invoice subsequent to the end of FY'12. The amount on the invoice exceeded the contract ceiling - and the obligated amount - by approximately $5,500 because the COR, through inaction, constructively allowed the contractor to worked in excess of the estimate of hours stated on the contract. The contracting officer was not aware that the contractor was working in excess of what was required by the contract. Finance rejects the contractor's invoice because work occurred in FY'12, but there were no FY'12 funds remaining on the original obligation. The Government does not dispute the fact that it accepted and received a benefit from the services provided by the contractor in excess of what was contractually agreed upon. Questions: 1. Does the COR's oversight in allowing the contractor to exceed the number of hours specified on the contract constitute an unauthorized commitment? 2. Is there any way to resolve the issue other than ratifying the action? 3. Is the agency at risk of incurring an Anti Deficiency Act violation? Thank you!
