FFP Service Contract Invoicing

[Captain2722]

I received a FFP service contract for engineering support for administration. The key personnel only worked 2 weeks in March before retiring and wasn't replaced until the second week in April, leaving us without contractor support for 3 weeks.

The contractor just submitted an invoice for "full payment" as if the key personnel worked the entire 4 weeks of March. My instincts tell me we are being cheated out of some time, but I feel like the contractor is allowed to bill for the entire amount since this is a FFP contract.

Can anyone clarify this for me? Obviously with a T&M/LH contract things would be different.

[joel hoffman]

Not enough info provided.

What is the requirement that is to be furnished (how is it stated in the contract)? What is the unit of measure for the line item being billed? In other words what are you supposed to be paying for and did you receive it?

[ji20874]

Joel's questions are spot on -- but let me add a few...

Did the contractor fail to perform in the period without key personnel? Did you send a cure notice? Does the contract clause at FAR 52.246-4 (or similar words in the clause at FAR 52.212-4 if a commercial service) help you?

[Guest Vern Edwards]

Captain2722:

Please ask a specific question. "Can anyone clarify this for me?" is not sufficiently specific. To what does "this" refer?

What do you want to be made more clear to you than it is now? Contract language? Some general principle that you think might apply? Some aspect of the situation that you described?

Joel's response assumes that you want clarification of contract language, specifically, the wording of the applicable contract line item. Is he right? If so, then please quote the language of the contract line item that covers the support service. Quote every word of every part of the CLIN.

If that's not what you want to be made more clear, then please tell us what it is.

Ask a good question.