Posted January 31Jan 31 comment_90870 If everything is correct on the contract and we are using one type of funds, is it an ADA violation when DFAS overpays or uses the wrong CLIN?
February 26Feb 26 comment_91127 The question is too vague to answer. How did DFAS overpay and on wrong CLIN? Was it an error by the contracting agency? Have the payments exceeded the funds obligated on the contract? Further details are necessary if not exceeding the contract amount or funds obligated, this should be reconciled on the next invoice for ongoing work.
February 26Feb 26 comment_91140 On 1/31/2025 at 10:02 AM, Fullbore1912 said: is it an ADA violation when DFAS overpays or uses the wrong CLIN? Did the overpayment result in the expenditure of more funds than were included in the appropriation or current allotment of funds to the agency? As for paying on the wrong CLIN were the funds used for the two CLINS from different appropriations? If so, you may have a violation of the purpose statute and an ADA violation if there was not sufficient funds available to cover the payment under the proper CLIN. The key is whether the proper appropriation was exceeded.
February 26Feb 26 comment_91141 4 minutes ago, Retreadfed said: Did the overpayment result in the expenditure of more funds than were included in the appropriation or current allotment of funds to the agency? As for paying on the wrong CLIN were the funds used for the two CLINS from different appropriations? If so, you may have a violation of the purpose statute and an ADA violation if there was not sufficient funds available to cover the payment under the proper CLIN. The key is whether the proper appropriation was exceeded. On 1/31/2025 at 9:02 AM, Fullbore1912 said: If everything is correct on the contract and we are using one type of funds, is it an ADA violation when DFAS overpays or uses the wrong CLIN? Good points. It appeared that there was a single fund source. the last time that the original poster check in while signed in was Jan 31st. They might have given up waiting for answer .
February 26Feb 26 comment_91142 I don't think overpayment is an ADA violation. ADA restricts obligation of funds in excess of appropriation.
February 26Feb 26 comment_91143 Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; (31 U.S.C. 1341)
February 26Feb 26 comment_91144 I think it might be a matter of contract administration. Might be misbilling, might be a mistake in processing a progress payment by the contracting office. Unless the OP comes back we won’t know. The OP started this thread almost four weeks ago. This is the first day that I’ve seen this thread. If it posted earlier it wasn’t highlighted as unread. I received a couple dozen email notifications of new threads this morning, some dating back to last summer.
February 26Feb 26 comment_91145 22 minutes ago, Retreadfed said: Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; (31 U.S.C. 1341) I stand corrected.
February 26Feb 26 comment_91147 DFAS frequently makes payment mistakes. Wrong CLIN. Wrong Sub-CLIN. Wrong ACRN. It's not really a huge deal. I think it is then up to the CO to correct DFAS's mistakes by pointing them out. Perhaps correct MOCAS? (Not sure about that.) Often, the contractor is asked to help reconcile invoices to payments.
February 27Feb 27 comment_91148 27 minutes ago, here_2_help said: DFAS frequently makes payment mistakes. Wrong CLIN. Wrong Sub-CLIN. Wrong ACRN. It's not really a huge deal. Exactly. Even if payment involves the wrong source of funds, it’s an administrative or clerical error that’s easily correctable. Its worries like this that drives our acquisition process to screeching delays.
February 27Feb 27 comment_91152 11 hours ago, here_2_help said: DFAS frequently makes payment mistakes. Wrong CLIN. Wrong Sub-CLIN. Wrong ACRN. It's not really a huge deal. I think it is then up to the CO to correct DFAS's mistakes by pointing them out. Perhaps correct MOCAS? (Not sure about that.) Often, the contractor is asked to help reconcile invoices to payments. The Army Corps of Engineers implemented new Financial Management Systems “CEFMS” software back in the mid to late 1990’s to manage the allocations, authorizations, reservations, obligations and payments/expenditures for all of our funds sources and for every contract and purchase (credit card payments but not each credit card purchase, of course). It was also integrated with the “Resident Management System” RMS software for contract administration after award, which also has a contractor module. I don’t know how but CEFMS formats and sends all contract invoice payments to DFAS . I never heard of DFAS making invoice mistakes with this system in place for my former agency. Mistakes have been made but it is usually at the field input level (contractor and/or government). When discovered, they were usually reconciled in the next payment.
February 28Feb 28 comment_91161 On 2/26/2025 at 10:59 AM, Don Mansfield said: I don't think overpayment is an ADA violation. ADA restricts obligation of funds in excess of appropriation. Both statements are accurate. ADA does restrict obligation. On 2/26/2025 at 11:35 AM, Don Mansfield said: I stand corrected. An overpayment by itself still wouldn’t meet the definition of an ADA violation. There are other conditions that must be met. Certain overpayments are ADA violations. I’m sure the majority are not.
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