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My product was delivered 4 months ago. My payment was not made after 30 days. I have been mailing the contract officer ever since.

He says he is trying to solve the problem. I also sent the bank information to the contract clerk. Dfas knows the situation in the officer.

However, I could not explain the situation to the contract clerk for 3 months.

Does anyone know about the problem?

 

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On 7/4/2020 at 5:05 AM, makamachine said:

Does anyone know about the problem?

Nope.

On 7/4/2020 at 5:05 AM, makamachine said:

Dfas knows the situation in the officer.

in what “officer” ?

On 7/4/2020 at 5:05 AM, makamachine said:

However, I could not explain the situation to the contract clerk for 3 months.

Why not? What prevented you from being able to explain the situation? I don’t understand the actual problem or reasons.

To be quite frank, I think that this is a very suspicious post. Bob??

 

 

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Maka, you did not say that you complied with FAR 52.232-1 and 52.232-25.  Also, the fact that you delivered product does not necessarily entitle you to be paid for it.  Your entitlement to payment usually arises from government acceptance of the product.  Your failure to get paid may be your fault.

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makamachine (“make a machine”? ) hasn’t logged in since posting the original post. maka, are you following this thread?

maka, you haven’t provided enough information for anyone to understand your scenario.  Please clarify per the questions posed by the respondents here. Thank you. 

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On 05.07.2020 at 18:42, Retreadfed said:

Maka, FAR 52.232-1 ve 52.232-25'e uyduğunuzu söylemediniz. Ayrıca, ürünü teslim etmeniz, size bunun için ödeme yapma hakkı vermez. Ödeme hakkınız genellikle devletin ürünü kabul etmesinden kaynaklanır. Ödeme alamamanız sizin hatanız olabilir.

Hi Mr Joel

Our company oconus, Our product was get by DLA. Nobody says it did not happen or did not accept it.

Our bank account information must be entered manually.

More than 90 days have passed.

I will gladly answer your questions regarding the solution.

My questions, why did you suspect, Mr Joel?

 

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On 7/4/2020 at 3:05 AM, makamachine said:

I have been mailing the contract officer ever since. He says he is trying to solve the problem.

Does anyone know about the problem?

 

makamachine...what did the contracting officer say the problem was? Since the contracting officer was trying to solve the problem, the contracting officer seems to know what that problem is. Maybe you can write the contracting officer again and ask for the information? 

If your company is a small business, you can file a complaint about non-payment with the Small Business Administration. Also, you might consider filing a complaint with the Armed Services Board of Contract Appeals if your contract is with an Armed Service. see, https://www.asbca.mil/ If not, there may be other complaints you could file to get heard, but we would need to know what Agency of the Federal Government is involved with your contract.

Edited by Neil Roberts
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3 hours ago, makamachine said:

Hi Mr Joel

Our company oconus, Our product was get by DLA. Nobody says it did not happen or did not accept it.

Our bank account information must be entered manually.

More than 90 days have passed.

I will gladly answer your questions regarding the solution.

My questions, why did you suspect, Mr Joel?

 

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Sorry, maka.  Your post was very unclear There was not enough detail to understand the actual problem. If you indeed did orally speak with the contracting officer and nothing was done, do you know why? You said :

 

On 7/4/2020 at 5:05 AM, makamachine said:

However, I could not explain the situation to the contract clerk for 3 months.

I don’t understand what you meant. 

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2 hours ago, Neil Roberts said:

DFAS Hotline complaint process for non-payment is also available to you, makamachine. See, https://www.dfas.mil/DFAS-Hotline/

Neil, Do you think that the DFAS Hotline will help a contractor get paid? I may be wrong but I don’t think so.


“Abuse of authority? Conflicts of interest? Violations of law?

Submit a DFAS hotline complaint

The DFAS hotline page is dedicated to the reporting of issues related to fraud, waste, abuse, and mismanagement regarding programs and personnel under the purview of DFAS that DO NOT involve classified information.

Examples include:

Abuse of Authority

Conflicts of Interest

Violations of law, rule, or regulation

Computer Crime

Theft and abuse of government property

Please, DO NOT report Pay and Allowance matters; for these matters, please contact the DFAS Customer Care Center at (888) 332-7411 or submit a ticket online via AskDFAS.

*Pay and Allowance matters will NOT be answered by the DFAS Hotline Office*

How to Submit a DFAS Hotline Complaint

You may submit a complaint to the DFAS Hotline Office in the following manners:

Email: dfas.cleveland-oh.hi.mbx.investigation-hotline@mail.mil.

If your email message contains your name and/or contact information, please include one of the following designators regarding your preference on disclosure of your name and contact information at the beginning of your email:

“CONSENT TO DISCLOSURE” or “NON-CONSENT TO DISCLOSURE”

Note: Emails are not automatically anonymous. If your email contains your contact information, you may request that information remain confidential (non-consent to disclosure).

To learn more about your rights to disclosure, view the frequently asked questions (FAQs) below.

Fax: 216-367-0343

Phone: Toll Free: 1-800-330-8720; Commercial: 216-522-5806; or DSN 580-5806

Note: The telephone contact number is not staffed 24-hours, and you may have to leave a message with your information requesting a return call. For best results, submit a detailed email, which can be appropriately handled.”

maka said that their company is outside the continental US. We don’t know if the purchase was made locally, that is - OCONUS - or  if it was made from the Continental US. We don’t know what type of contract mechanism was used for the purchase or the purchasing agency. 

 

 

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3 hours ago, joel hoffman said:

Neil, Do you think that the DFAS Hotline will help a contractor get paid? I may be wrong but I don’t think so.

Yup, lots of unknown's Joel.  I do not know the answer, but if the facts justify, the Hotline process may be one of two or three forum's that can be used simultaneously to help get it resolved. It appears that there might be a prompt payment law, rule or regulation violation.

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DFAS Hotline is a wrong answer, I think.

The right answer is to file a claim amenable to the contract's Disputes clause.

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7 hours ago, Neil Roberts said:

Yup, lots of unknown's Joel.  I do not know the answer, but if the facts justify, the Hotline process may be one of two or three forum's that can be used simultaneously to help get it resolved. It appears that there might be a prompt payment law, rule or regulation violation.

Neil, Without knowing all the details, I don’t think that DFAS will get into the contract admin business. I think that the Hotline is for malfeasance issues. There can be many reasons why a company doesn’t get paid. Just sayin’...

I don’t think that there is enough information here to suspect at this point that there is a prompt payment violation.

I dont understand what maka is trying to describe as communications problems with the KO and the “contract clerk”.

maka needs to clarify the scenario before one can provide advice applicable to the specific problem.

If someone wants to communicate with maka via Personal Messenger, perhaps maka can describe the situation in sufficient detail to be able to provide specifically applicable advice to help maka get paid. 

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59 minutes ago, ji20874 said:

DFAS Hotline is a wrong answer, I think.

The right answer is to file a claim amenable to the contract's Disputes clause.

ji, I think that advising maka to file a claim now would not be the “right answer”. To me, that is a premature step.

If maka is having problems contacting or communicating with the contracting officer, I think that we should  try to understand what the actual problem is first. I think that maka just wants to get paid as soon as possible and probably doesn’t wish to spend a lot of time and probably money to pursue a claim.

maka asked for some advice here.

 Probably, we first need to fully understand the facts and the actual problem why maka hasn’t been paid before we can provide the “right answer”.

Years ago, as the construction/A-E “professor“ for the infamous “Ask a Professor” site, I made it a point to personally contact the questioner to determine the specific facts. Most submitted questions were too cryptic or General to be able to provide specific advice applicable to their situation.

After numerous complaints to the DAU site administrators about the poor quality of the AAP answers, they asked me to take over the construction and A-E topic area, so I did. That was about 19 years ago. I answered questions for about five years. There were a lot of resources within our Army Command to draw on for collaboration. 

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Based on the limited information and the want it seems of maka to find an alternative route as to why there is a payment issue I suggest a review and possibly use of the following website and its tools.  If maka has utilized the resources found on it then unfortunately maka is left with the CO (FAR 32.909) and if so, noting the delay,  then I would agree with ji.   I say this noting that maka has stated that the CO is "trying to solve the problem" and not that maka must do something more to be paid which implies it is on the Government's side and not that of the maka's.  Filing of the claim would elevate the matter for the CO to solve.

https://www.dfas.mil/contractorsvendors/

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Carl, we all (me included) often seem to jump right in to research and provide answers before having adequate details or being able to determine the actual problem. Just sayin’.

Filing a claim necessarily requires both the contractor and government to expend time, resources and costs. In my organization, we were constantly urged via USACE Policy to try to resolve matters to avoid an issue being elevated to a claim. 

Having personally worked claims and personal disputes between contractors and our contract admin offices for at least 15 years, many of them could have been avoided by better communications, formal “partnering” processes or informal elevation within the organization. Those were often effective alternatives.

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Joel:

I agree.  There are too many unknowns with the original and subsequent post.  Maka needs to get a straight answer from the CO whose phone number may be on the contract, order, etc.  The CO response has to be better than this.  Or just find the CO's name, google it, and he can find the phone number.

Quote

He says he is trying to solve the problem. 

 

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43 minutes ago, joel hoffman said:

Carl, we all (me included) often seem to jump right in to research and provide answers before having adequate details or being able to determine the actual problem. Just sayin’.

Filing a claim necessarily requires both the contractor and government to expend time, resources and costs. In my organization, we were constantly urged via USACE Policy to try to resolve matters to avoid an issue being elevated to a claim. 

Having personally worked claims and personal disputes between contractors and our contract admin offices for at least 15 years, many of them could have been avoided by better communications, formal “partnering” processes or informal elevation within the organization. Those were often effective alternatives.

Joel - No need to repeat your position. 

As a past CO who also dealt with claims, disputes and torts who now has to deal in the bureaucratic worlds of the government at all levels, along with commercial industry at all levels, there is a point where one must utilize a strong tool to get an answer.  The tool in the case of a Federal contract is the Contract Disputes Act and FAR clause if in the contract at 52.233-1 as it relates to prompt payment (FAR 52.232-25).  As I noted in my post if maka has exhausted his/her own ability to research the issue as well as seek the CO's help (back to solving the problem comment) then it is time to be forceful.   My read is that maka has made the case that he/she has done what the Government requires and the Government is not paying.

I do agree it is a guessing game based on the info provided but all too often folks get stonewalled in these days with bureaucratic rhetoric.  Maka needs to demand payment and make it so by making it a specific claim pursuant to the Disputes Act and as such the CO will be required to make payment (with interest) or write a CO decision denying payment.  

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19 hours ago, makamachine said:

Maka, FAR 52.232-1 ve 52.232-25'e uyduğunuzu söylemediniz. Ayrıca, ürünü teslim etmeniz, size bunun için ödeme yapma hakkı vermez. Ödeme hakkınız genellikle devletin ürünü kabul etmesinden kaynaklanır. Ödeme alamamanız sizin hatanız olabilir.

Huh?

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Well, Joel, it has been ninety days already and following your course might add ninety more days and still no payment.

The Disputes clause exists for this purpose.

The check-in-the-shield emblem in one of the original poster's comments makes me maka is using an internet translator, so there may be a language barrier.  Maka is probably in Turkey.  A claim is a good approach, but I suppose it will have to be written in English and it will have to state the facts.  We don't know any facts yet.

 

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Hi, thank you very much for all your comments. There is no problem with my contract or product. I have evidence that it was delivered. Contract clerk says he was investigating why the payment was made every time and it's been so long since. Isn't everything normal in America? Yes my company located in Turkey.(OCONUS)My contract with DLA I will gladly answer your questions. Due to the time difference, I access the messages late. Thanks again.
 

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04.07.2020 13:05 tarihinde makamachine şunları söyledi:

Ürünüm 4 ay önce teslim edildi. Ödemem 30 gün sonra yapılmadı. O zamandan beri sözleşme memuruna posta gönderiyorum.

Sorunu yapmaya çalışıyorsunuz. Ayrıca banka içindir sözleşme memuruna gönderdim. Dfas memurun durumunu biliyor.

Ancak, durum 3 ay boyunca sözleşme memuruna açıklayamadım.

Sorunu bilen var mı?

 

 

05.07.2020 18:42, Retreadfed dedi:

Maka, FAR 52.232-1 ve 52.232-25'e uyduğunuzu söylemediniz. Ayrıca, ürün teslim içindir, boyut bunun için ödeme yapma hakkı vermez. Ödeme hakkınız genellikle devletin ürünü kabul etmeden kaynaklanır. Ödeme alamamanız sizin hatanız olabilir.

 

payment issue.jpg

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maka, if I was still working, I’d say that you could personal message me with the contracting officer’s name and contract clerk’s name, organization and phone numbers and I would try to contact them to inquire for you. But I don’t have active duty status any more.

They might or might not be willing to provide the status of payment. I worked in Saudi Arabia for four years plus four months there and throughout the Arabian Pennisula along the Persian Gulf during the 1st Gulf War. 

Are those contracting persons in Turkey, elsewhere overseas or are they in the CONUS?

Good luck to you. 

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3 minutes ago, joel hoffman said:

maka, eğer hala çalışsaydım, bana sözleşme görevlisinin adı ve sözleşme memurunun adı, organizasyonu ve telefon numaraları ile kişisel mesaj gönderebileceğini söyleyebilirim ve sana sormak için onlarla iletişime geçmeye çalışırdım. Ama artık aktif görev durumum yok.

Türkiye'deki kişiler yurtdışında mı, başka yerlerde mi yoksa KONUS'ta mı?

Sana iyi şanslar. 

Thanks Mr Joel I think I should wait.

Have nice day

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6 minutes ago, joel hoffman said:

maka, eğer hala çalışsaydım, bana sözleşme görevlisinin adı ve sözleşme memurunun adı, organizasyonu ve telefon numaraları ile kişisel mesaj gönderebileceğini söyleyebilirim ve sana sormak için onlarla iletişime geçmeye çalışırdım. Ama artık aktif görev durumum yok.

Türkiye'deki kişiler yurtdışında mı, başka yerlerde mi yoksa KONUS'ta mı?

Sana iyi şanslar. 

Mr Joel

I recently received a 13-item letter from DLA. Do you have any information about this? I have a few questions.

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2 minutes ago, makamachine said:

Mr Joel

I recently received a 13-item letter from DLA. Do you have any information about this? I have a few questions.

Sorry maka. Without reading it, I do not know what they would have said. 

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