Billing and DCAA

[polson0815]

Good Morning Everyone,

Hoping someone can help settle to major discussion happening in my office right now.

I have a SA IDIQ CPFF with task orders (5) that have the same contract number, but difference delivery Order/Call Number, here are my questions:

1) Can a contractor who is assigned to one task order (01) work on another task order (04) and still bill 01 or should the bill 04? Please give me a reference, there is a very large discussion about this, but no one can actually provide backup.

2) The Contracting Company is requesting an MFR if a task order needs to work a contractor more than 80 hours in a two week pay period and have stated that it is a requirement from DCAA. I cannot find anything within DCAA that states that, can someone help with a reference if it true?

[ji20874]

Are you the contracting officer?  Or the prime contractor?  Or a subcontractor?

You mention task orders, delivery orders, and calls -- but really, isn't it just task orders?

I assume that your five task orders have the same contract number (for the single-award IDIQ contract) but have different task order numbers. 

Does your discussion group really need back-up for the proposition that a contractor's invoice or voucher under task order 01 can only include work properly chargeable under task order 01?  Does your discussion group really need back-up that claiming reimbursement for task order 04 work on a task order 01 invoice or voucher might reasonably be seen as a lie, a false claim, fraud, and so forth?  I advise caution before charging task order 04 work to task order 01.

[Retreadfed]

Polson, for point 1, ji has given you good advice.  From a contractual point of view, look at FAR 31.201-3 for the rules governing allocability.

As for your point 2, DCAA cannot require a contractor or contracting officer to do anything.  Its sole authority is to audit contractors and provide an audit opinion to the contracting officer.  Such opinions are only advice to the contracting officer.

[here_2_help]

1 hour ago, polson0815 said:

1) Can a contractor who is assigned to one task order (01) work on another task order (04) and still bill 01 or should the bill 04? Please give me a reference, there is a very large discussion about this, but no one can actually provide backup.

2) The Contracting Company is requesting an MFR if a task order needs to work a contractor more than 80 hours in a two week pay period and have stated that it is a requirement from DCAA. I cannot find anything within DCAA that states that, can someone help with a reference if it true?

1) Agreed with the previous two comments. The support for the position that this is a Bad Idea is found in application of the Limitation of Cost/Limitation of Funds clauses, which are managed at the task order level, not the contract level. Also see the definition of "direct cost". Also see the definition of "allocability".

2) Agreed with Retreadfed's comment re: DCAA. This is a point that should be covered in the contractor's timekeeping/labor accounting policies and procedures, which should address overtime hours and how they are authorized for salaried exempt employees. To be clear, it is NOT the task order that needs to work a contractor more than 80 hours in a two week pay period, it is the contractor's staffing plan as implemented via its policies, procedures, and practices.

Hope this helps.

[C Culham]

No disagreement with responses but from a different view.

Some agencies have specific FAR supplement that provides definitive difference when invoicing (per supplement required clauses) so have you consulted your contract clauses?.

Also consider the prompt payment clause of the contract that flows down to a task order. 

Raises question if a task order is a separate contract?  Consider this...