Our T&M contract requires an annual report be submitted within 30 days after the end of the FY. The PoP also concludes with the end of the FY, and all work will be complete by the end of the PoP / FY. The client is unable to issue an NCE.  Can the CO approve a request to incur labor associated with writing the annual  report without it constituting an NCE?  Thanks for any thoughts / similar experiences.     

Why do you believe that the end of a contract's Period of Performance precludes the billing of costs incurred after that date? What regulation or contract term prohibits such a practice?

What is NCE?

MP65,

Is the annual report a separate deliverable?  If YES, is it (1) priced; or (2) not-separately-priced?

Do you think the period of performance applies (1) only to the actual contract work but not the annual report; or (2) to both the performance and report?

1 hour ago, formerfed said:

What is NCE?

What is NCE?

4 hours ago, joel hoffman said:

What is NCE?

Given the context, I'm going to guess "Notice of Contract Extension" but who knows?

I thought "no-cost extension".

The OP apparently hasn’t checked in (logged on) since anyone posted… 

20 hours ago, formerfed said:

What is NCE?

No Cost Extension

23 hours ago, here_2_help said:

Why do you believe that the end of a contract's Period of Performance precludes the billing of costs incurred after that date? What regulation or contract term prohibits such a practice?

That is a fair question.  I cannot find any language in the contract that prohibits billing after the end date, but I also cannot find language that says it is allowable.  The labor will be directly related to producing a deliverable that by definition cannot be finalized within the period of performance. 

1 hour ago, Don Mansfield said:

I thought "no-cost extension".

yep - that is correct

20 hours ago, ji20874 said:

MP65,

Is the annual report a separate deliverable?  If YES, is it (1) priced; or (2) not-separately-priced?

Do you think the period of performance applies (1) only to the actual contract work but not the annual report; or (2) to both the performance and report?

Yes, the annual report is a separate deliverable and it is not priced.  It was my understanding that the period of performance applied to the actual  contract work and the report.  It might be as simple as requesting CO approval incur the post-PoP costs associated with finalizing the deliverable, but I was wondering if others had come across this predicament.  I guess we could bill and the client could deny the costs because they were incurred beyond the period of performance.  Not submitting the annual report would likely find its way into our CPAR. 

8 minutes ago, MP65 said:

It might be as simple as requesting CO approval incur the post-PoP costs associated with finalizing the deliverable...

There you go.  Simple.  Hopefully you will get a YES answer.  

13 minutes ago, ji20874 said:

There you go.  Simple.  Hopefully you will get a YES answer.  

I found an internal document from the U.S. Nuclear Regulatory Commission that states invoices for costs outside of the PoP must be approved by the CO.  I am beginning to think the FAR is silent on billing outside of the PoP aside from stating that voucher must correspond to a specific billing period within the PoP (48 CFR 1552.232.70 (e) Period of Performance:  "Invoices or requests for contract financing payment must clearly indicate the period of performance for which payment is requested....")

I really don't think a contractor needs CO approval for billing subsequent to the end of a contract PoP, except in the case of (a) CPFF Term, (b) FFP-LOE Term, or (c) specific funding tied to a Government Fiscal Year.

At least, that's what I tell my auditors when we have discussions on this topic. So far, they have agreed.

 

7 minutes ago, here_2_help said:

I really don't think a contractor needs CO approval for billing subsequent to the end of a contract PoP, except in the case of (a) CPFF Term, (b) FFP-LOE Term, or (c) specific funding tied to a Government Fiscal Year.

At least, that's what I tell my auditors when we have discussions on this topic. So far, they have agreed.

 

I have searched extensive and cannot find a definitive answer in the FAR so I am going to make my case to the CO and hope he agrees it is a reasonable request.  I'll post an update here once I have an answer, for better or worse.

Just now, MP65 said:

I have searched extensive and cannot find a definitive answer in the FAR so I am going to make my case to the CO and hope he agrees it is a reasonable request.  I'll post an update here once I have an answer, for better or worse.

*extensively

2 hours ago, MP65 said:

cannot find a definitive answer in the FAR

It would seem the contract rules and if not stated clearly...ambiguity

If looking in the FAR and your answer is not there think FAR 1.102(d) remembering that the contractor is part of the "Team".

Good luck on any approach you take.

13 hours ago, C Culham said:

It would seem the contract rules and if not stated clearly...ambiguity

If looking in the FAR and your answer is not there think FAR 1.102(d) remembering that the contractor is part of the "Team".

Good luck on any approach you take.

Thanks very much - I may just weave some of the essence of FAR 1.102(d) into the request.  Much appreciated.

This may have already been discussed.

Question: It’s a T&M contract. How are you going to bill report prep? At the hourly labor rates? For administrative work? What’s in the annual report?

2 hours ago, Vern Edwards said:

This may have already been discussed.

Question: It’s a T&M contract. How are you going to bill report prep? At the hourly labor rates? For administrative work? What’s in the annual report?

We can begin drafting the report now and bill at the approved hourly rates, but because it covers activities through the end of the fiscal year - which is also the last day of the period of performance - the report cannot be finalized until after the contract has ended.  The report summarizes the program's activities over the entire fiscal year and also has a financial analysis section. The COR sometimes has comments or questions to be addressed, and once we have COR approval, the report must then be formatted for 508 compliance before it is uploaded to a public domain (all requirements under the contract).