CPFF (2) Task Orders Final Approved Rates Causing Overrun and Underrun

[Here_2_Learn]

CPFF Task Order; $5,799,980 ceiling; Funded $5,672,324 (with $12,078.02 remaining ceiling); PoP 3/30/2016-3/30/2019

After receiving final approved rates for 2016-19, we have determined an overrun of $600K due to an unforeseen increase in overhead rates (from 44% billed to 153% final approved)

We have TO2;  Ceiling $14,199,028; Funded $8,660,745; PoP 9/2017-9/2020 with an ADD Work that extended the PoP to December 2022

We have been told that the branch is no longer pursuing this type of work and that the contract will not be funded further. This was sprung on us without warning in January of this year.

Calculations with final approved rates and provisional rates show a due bill to the government for $200K for years 2018/2019 (using final approved rates) and a due bill to us from the government for $80K (using provisional rates).

We are a small business and because we are losing this contract, we will be shutting our doors. 

1) Does the government have to pay us the $600K they owe us after final calculations?

2) Although different task orders, would the gov call it even on the task orders or still require us to pay?

3) How should I approach the Contractor's Assignment of Refunds, Rebates and Credits?

4) Can my final voucher (SF1034) for TO1 only claim the amount to ceiling? ($12,078.02)?

5) On TO2: I only did the calculations through Sept 2021- should I forecast the entire contract to ceiling using the provisional rates? 

Any guidance/information would be greatly appreciated everyone!

[Retreadfed]

I just saw this post and have some questions?  Are the 2 TOs part of the same contract?  For TO 2, did the government issue a termination notice?  If so, under what clause was the termination conducted and what was the effective date of the termination?  Did TO 1 or its parent contract contain FAR 52.232.21? 

 

[ji20874]

See paragraphs (d)(2)(v), (d)(3), (d)(4), (d)(5), and (h)(1) of the clause at FAR 52.216-7, Allowable Cost and Payment, if that clause is in your contract.

[Neil Roberts]

1 hour ago, Retreadfed said:

 Did TO 1 or its parent contract contain FAR 52.232.21? 

 

Retreadfed, 52.232-21 is on reserve status.

[Retreadfed]

Thanks, Neil.  I have to learn to type.  I meant 52.232-22?

[Vern Edwards]

On 5/5/2021 at 11:43 AM, Here_2_Learn said:

Does the government have to pay us the $600K they owe us after final calculations?

@Here_2_Learn I presume that you mean: Does the government have to reimburse us for the $600K? If so, the answer is: Maybe.

Do you want to know more? I'll give you 48 hours to respond. I'm not trying to be high-handed; it's just that I have other tasks to perform.