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"effective date" or "date of the contract"

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Is there a difference between the "effective date" of a contract and "the date of this contract"? I am arguing with our ACO that the cost principles that apply are the ones in effect on "the date of this contract" as stated in the allowable cost and payment clause and that the date of the contract is the date the contracting officer signed it. The "effective date" of our contract on standard form 26 is later than the date the contracting officer signed it. A different cost principle would apply that would i mpact cost allowability. The ACO says the "the date of this contract" is the "effective date" not the date the contracting officer signed it. Any chance she is right?

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Is there a difference between the "effective date" of a contract and "the date of this contract"? I am arguing with our ACO that the cost principles that apply are the ones in effect on "the date of this contract" as stated in the allowable cost and payment clause and that the date of the contract is the date the contracting officer signed it. The "effective date" of our contract on standard form 26 is later than the date the contracting officer signed it. A different cost principle would apply that would i mpact cost allowability. The ACO says the "the date of this contract" is the "effective date" not the date the contracting officer signed it. Any chance she is right?

Please see the Court of Federal Claims decision at this link: http://www.uscfc.uscourts.gov/sites/default/files/MILLER.DynacorpInfoSys.pdf

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Is there a difference between the "effective date" of a contract and "the date of this contract"? I am arguing with our ACO that the cost principles that apply are the ones in effect on "the date of this contract" as stated in the allowable cost and payment clause and that the date of the contract is the date the contracting officer signed it. The "effective date" of our contract on standard form 26 is later than the date the contracting officer signed it. A different cost principle would apply that would i mpact cost allowability. The ACO says the "the date of this contract" is the "effective date" not the date the contracting officer signed it. Any chance she is right?

Retreadfeds CoFC case may not apply to your particular situation. In the terms of the case, it was dealing with a contract that was signed but had an effective date prior to the date the contract was signed. In your case, the effective date of your contract is after the date the contract is signed. That tells me the performance is set to start at a certain date in the future, and therefore the company you are in contract with should not be incurring costs. Why would the contractor be incurring costs before your effective date on the contract to be determined allowable or not by the ACO?

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