Guest Vern Edwards Posted February 8, 2013 Report Share Posted February 8, 2013 Quick question: Has the contractor complied with the notification requirements of the T&M payment clause? Link to comment Share on other sites More sharing options...
Don Mansfield Posted February 8, 2013 Report Share Posted February 8, 2013 Quick question: Has the contractor complied with the notification requirements of the T&M payment clause? If you are asking about my hypothetical, assume the contractor did not provide the notification. Link to comment Share on other sites More sharing options...
ji20874 Posted February 8, 2013 Report Share Posted February 8, 2013 Don, I think Vern already answered your question -- "the government would be off the hook if the contractor did not provide the required notice and the CO did not expressly raise the ceiling price." In my mind, the Government should only pay for work it contracts for (and allows for in its contract clauses and so forth) -- contractors should not be empowered to make decisions and then charge the Government for those decisions -- in some settings, that would be called highway robbery. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted February 8, 2013 Report Share Posted February 8, 2013 Don: I think that if the contractor did not provide the notification the CO could justly argue that he did not know he was accepting work done in excess of the ceiling (assuming that he or she did not in fact know) and thus could justly refuse to pay. You certainly would not have an unauthorized commitment. It might be a different story if the CO somehow knew that the contractor had exceeded the ceiling, even though the contractor had not provided the required notice. I think ji20874 is right: the government cannot let contractors make decisions to spend the government's money without the government's prior authorization. Link to comment Share on other sites More sharing options...
rios0311 Posted July 26, 2013 Author Report Share Posted July 26, 2013 Quick question: Has the contractor complied with the notification requirements of the T&M payment clause? Looking back at some of the topics I've started, I didn't realize this one had continued after my last posting. For the benefit of anyone who happens to come across it, I'd like to clarify that the contractor did not comply with the notification requirements of the T&M payment clause and the CO was certainly not aware that the contractor had continued to perform beyond what the contract required. Link to comment Share on other sites More sharing options...
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