Help do I have an ADA violation?

[ji20874]

Kimberly,

I'm not understanding the picture you are trying to draw.  Let me tell me what I am seeing, to see if you can help me understand the pertinent facts.

• You have a contract that allows for both T&M and FFP work.
• You are in an option year that started in May 2019.
• In May, the previous contracting officer obligated $1.5 Million to the labor-hour CLIN.
• The labor-hour CLIN had an obligated amount of $0 before May 2019, and $1.5 Million afterwards.
• The $1.5 Million obligation for the labor-hour CLIN is incremental funding.  The ceiling price for the labor-hour CLIN is higher than that amount.
• In July, the previous contracting officer issued a notice-to-proceed (NTP) for work under the FFP CLIN but did not obligate any funds to the FFP CLIN.  The work was within the scope of the contract.
• The NTP work had a value of $1.05 Million.  Choose one of the following:
  • This amount was already agreed to in the contract, or
  • This amount was negotiated and agreed to by both parties, or
  • This amount was unilaterally determined by the previous contracting officer.
• The FFP CLIN had an obligated amount of $0 before July 2019, and is still zero afterwards.
• The contractor did $350K of FFP NTP work before the FFP NTP work was stopped by a stop-work order.
• Your organization now has adequate funding to obligate $350K to the FFP CLIN.

If any of the above statement are incorrect, can you provide correct statements?

Are you still wondering if there was an ADA violation?  You already know that funds are available within your agency so the agency has overspent an appropriation, and you haven't said anything that would point to another ADA reason.  If you think there was an ADA violation, you really should take the entire file to your attorney and let him or her advise you.