SRG Posted May 27, 2021 Report Share Posted May 27, 2021 The period of performance ended on a NAF vending contract about 60 days ago, but the vendor has continued performing and has just submitted a check for last month's commissions. This was just realized. Options? Maybe a retroactive extension? Link to comment Share on other sites More sharing options...
Vern Edwards Posted May 28, 2021 Report Share Posted May 28, 2021 Thank them for the check, and say goodbye or renew the contract. (NAF vending contracts are not covered by the FAR.) Link to comment Share on other sites More sharing options...
SRG Posted May 28, 2021 Author Report Share Posted May 28, 2021 12 hours ago, Vern Edwards said: Thank them for the check, and say goodbye or renew the contract. (NAF vending contracts are not covered by the FAR.) Mr. Edwards, thank you. Yes, given that NAF vending contracts are unique animals, I want to make sure we approach this correctly. The check is for commissions generated during a time when there was no contract in place, so I just want to make sure we cover all the angles (since the money is flowing in the other direction, there shouldn't be any ADA issues?). We're working on putting another contract in place with the current vendor, but first need to give AAFES a right of first refusal. I suppose we can put a short term contract in place, but do we need to do something to cover the time between the two contracts when the vendor was operating without a contract? Maybe I'm making this more complicated than it is? Thanks again. Link to comment Share on other sites More sharing options...
Vern Edwards Posted May 28, 2021 Report Share Posted May 28, 2021 First, you should comply with any NAF contracting policies and procedures that you are required to follow. If nothing in the policies addresses this case, then I would send the contractor a letter reviewing the circumstances, saying that you consider the contract to have been extended by mutual assent, and saying that you accept the check as fulfillment of the contract's terms. I would ask for confirmation of receipt and agreement. Unless someone in higher authority demands something more, i would consider the case closed. Link to comment Share on other sites More sharing options...
SRG Posted May 28, 2021 Author Report Share Posted May 28, 2021 I've looked in 215-4 and elsewhere for guidance on-point and haven't seen anything. Your suggested approach makes sense. Thanks again. Link to comment Share on other sites More sharing options...
Retreadfed Posted May 28, 2021 Report Share Posted May 28, 2021 SRG, have you read the vendor's contract to see if it says anything about the vendor being a holdover? Link to comment Share on other sites More sharing options...
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