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Guest dw21

Materials

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Guest dw21

Scenario: Contractor just submitted a request for costs incurred for material (~$400k piece of equipment) that was purchased under a Task Order more than twelve months ago but for whatever reason was not invoiced for until now. To make matters more complicated, the basic contract it was issued against has expired and the Task Order ceiling has not only been reached, but exceeded when taking this $400k into account. What avenue do we have to add these costs, taking into account that it's a 2012 Task Order that was extended multiple times to allow for completion of this non-severable effort. Do they have to go through the claims process to recoup these costs? This is not a question of the allowability of the costs, they were indeed required for performance (and the Government is now in possession of the delivered item), this is more a question of how (if) we pay the Contractor when the basic contract has expired, the order has ended and the ceiling has been maxed out.

If i'm leaving out any pertinent information, please let me know. Thanks a lot!!

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TIme-and-Materials? You use the word ceiling.

Cost-Reimbursement?

Fixed-Price?

Was the equipment a deliverable specifically called for in a line item? Or a cost of doing some other work that is the subject of a CLIN?

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Did the contractor comply with the Limitations of Funds clause requirements with respect to the Task Order?

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Guest dw21

Other details: Cost-Plus Fixed-Fee. The equipment was called out in the proposal as a deliverable under the main CPFF line item.

They definitely didn't comply with the Limitations of Funds clause.

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I suggest you review this recent ASBCA decision involving Boeing and LoF clause compliance to see if it addresses your question.

Hope this helps

http://www.asbca.mil/Decisions/2013/57409%20The%20Boeing%20Company%2012.3.13%20PUBLISHED.pdf

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