john_doe

All, thanks again for your help, it has clarified things for me immensely. To answer a couple of questions raised here: 1) The task order definitions - extremely helpful, thanks. 2) The Ordering and Delivery clauses - are not in the contract 3) Did the contract allow the CO to issue oral tasks? -Yes- Thanks again.

Vern, thanks, I will check out those resources.

...quick follow up, more importantly than "what's a Task Order," what books, resources, inline contracting introductions, etc., exist where I can find the answer to "what's a Task Order", without having to bug the Wifcon message boards every time...

Touche, Vern, although I challenge the claim of only three possible answers. I propose a fourth: 1) Yes, the work was performed under a task order 2) No, the work was performed under a task order 3) I don't know, because I don't know what work was performed, or 4) I don't know, because I don't know what "under a Task Order" means vs. "not under a Task Order" If the answer's 3, I can go back and find out what the work was, when, etc. If the answer's 4, I can stick my head out and ask the Wifcon message board, fully prepared for the consequences of asking what may be an ill-informed question. I think my answer is a combination of 3 and 4. I don't know if the work was performed under a Task Order, partially because I don't know what it means for work to be performed "under a Task Order." On my side, I'm going back to get a better understanding of when, what, where, how, etc. On the asking Wifcon side, I think we've come full circle back to my original question, which is, with the benefit of what I've learned from the comments and my research from what's been suggested: "What does it mean for work to be performed under a Task Order?" If a contracting officer writes: "do tasks x, y, and z," is that a task order, because the contracting officer ordered the contractor to perform a task, or is it only a Task Order if there's a signed "Optional Form 347". Or, to perhaps oversimplify, "what's a Task Order?" Again, I do appreciate all the help. I've gone through the FAR and the contract starting with 52.216-18, and gone back to the technical manager, and reviewed the invoices, contract file, and everything else based on what I've heard here.

Thank you all very much, I appreciate the insight. To answer the questions posed, and then I'll ponder on all of this myself and think through what I've read here: 1) "was the delay due to the government not providing the documents to copy?" I don't know what the delay was, and it's not clear if there was a 'delay' in the sense that work was promised in a specific period of time and both sides agreed that's when the work would be completed and then it wasn't completed in that time, or if its was more a difference in the parties' expectations of when the work would be completed. I can't tell. 2) "Did the order call for 50,000...but we were handed 51,000..." It's more that the order itself was indefinite. The contract was with Agency A, but the day-to-day work itself was directed by Agency B, so it could be that Agency A set an order limit (50,000 copies), and then Agency B's people ignored it / didn't know what the order limit was ("copy this, it's 51,000 pages")? 3) Linking a CLIN on the invoice to a CLIN on a task order Each of the CLINs on the invoice match up to a CLIN on a task order. In some cases. The task order is just not listed on the invoice itself, and it looks like (I've now put together a spreadsheet) the amount of the unpaid invoices would cause individual CLINs to go above what appears to be a ceiling set in the task order or orders the invoice should (but doesn't) refer back to.

Thank you already, all three who have posted (and others who may post), this has been very helpful. To clarify on the comments above, first, I'm coming in late, so don't know all the answers: 1) Was the work performed under a Task Order or not? --I think that's the ultimate question. CO claims it was not performed under a task order. There are a number of Task Orders issued, and it looks like 3 of them include CLINs that are also included on the invoices. Prior invoices in our series with this agency refer to a task order. The invoices at issue say "TBD" and appear to have items in them that are from multiple task orders. But, previous invoices were accepted with the same combination of CLINs, so maybe I'm missing a page from the task orders. --But, to complicate (or clarify?) the orders were primarily for units of a service (like "copying") so it would be 50,000 units of copying at 10 cents per page, with some hours also, but primarily these units of a delivered item. So are they properly considered "Delivery Orders" and does that make a difference? 2) Was there any language in the COs email that could be construed as authorization to proceed? --I think so, there is language (paraphrased, but I think it captures what was said) - this email constitutes our commitment to pay for all delivered work. Please deliver the final product. 3) Why not identify the task order on your invoice and re-submit? --That is a very good question. I'll take that up with the boss, because that seems to be the solution to the problem. But, what if the task orders are over (period of performance), or the amount is over the amount contained in the task order? Again, thanks very kindly for your time and thoughts!

Question, and please forgive any ignorance I show in thee question itself -- 1) IDIQ contract - 1 awardee (not agency wide or GWAC or anything, but a contract focused on a specific purpose) 2) Funding on individually awarded task orders, which specify to CLINs, which in each task order are a subset of the master CLIN list in the contract. 3) Dispute over payment. At the end of dispute, Contracting Officer emails (paraphrased) --finish the work and we'll pay for it-- 4) Contractor finishes the work, and submits invoices. Invoices rejected because they don't refer to a specific task order. Assume that they do, however, refer to CLINs listed in a task order, and are for work that was previously allowed (i.e. "Develop Widget 1" - Invoice allowed, it refers to a task order and was prior to the dispute "Develop Widget 1" - invoice not allowed, it doesn't refer to a task order and was after the dispute, but also after the CO email saying "finish the work and we'll pay for it") Contractor says "you asked for and accepted this work." Agency says "it's not on a task order" -no payment. Where can I find a discussion of authority of task orders vs. contract itself vs. contracting officer's written representations, to put all of this in some sort of framework that makes sense? Thanks!