ShaunaMSACM

Was curious how you and your company are doing after the post above, but just noticed you've been active recently on other threads. Please disregard this post

THANK YOU!

All, my company is having payment issues with our government customer (a civilian agency) and I'm at a loss trying to figure out the best way forward. I'm curious if anyone else has been in this situation. The government customer simply isn't paying invoices they approved more than a year ago for work they accepted under fully funded task orders. We’ve done everything we can think of to work this through the agency's chain of command, starting with the contracting officer. Multiple stakeholders at my company (including our VP) have repeatedly called the agency and had multiple MS Teams meetings (as well as in-person meetings) with the contracting officer, the COR and SES level personnel. The contracting officer and the COR have (on multiple occasions) tried to gain traction with their chain of command on our behalf, but it sounds like they aren’t getting anywhere either. The contracting office has confirmed there are no issues with our invoices and also confirmed that we are also eligible for interest on late payments. Even though the associated task orders are fully funded, I understand there may be significant cash flow issues within the agency. The contracting office receives CR funding from their HQ, on average, 1 1/2 months after the CR is approved. The agency also receives funding for certain task orders via MIPRs from sponsoring agencies. We are currently awaiting a MIPR for an upcoming training exercise; the sponsoring agency confirmed that our customer received the MIPR on 30 Jan, but the contracting office "never actually received it." We can always file a claim under the CDA, but if the contracting office has their hands tied and the issue is potentially originating from the top level, would it do any good? This could drag on for months, and we still aren't getting paid. Is there another approach we can take? Complaint to the agency's ombudsman or IG?

Just found out why I couldn't find anything - the answer is in the TAM:

All, I need your assistance locating a TAR clause. I'm trying to validate the following statement and I can't find the TAR clause it ties back to: "The TAR allows contracting officers to exceed the contract maximum value up to 20%" Is it a correct statement? If it is, what is the source TAR clause? I have researched this topic for the past 2 hours and I'm coming up short. Thanks! Shauna

My misunderstanding - sorry!

This is how the IDIQ level CLINs are structured

One more screenshot from the Parent contract in FPDS:

Screenshot from the Parent contract in FPDS.

I just learned something new - I didn't know that a one time deviation was an option! Who would have thought that a contract like this one was even possible for that matter? It definitely keeps me on my toes 😉

Thank you! This contract has been very challenging and I find myself scratching my head sometimes. I greatly appreciate your insight and guidance!

Thank you!

You aren't kidding - what a minefield to navigate!

All, thank you again for your patience while I am on the mend from the fall. In addition to breaking fingers, the doctor thinks that I also dislocated others, so my recovery is moving slower than I had hoped. @C Culham FAR 52.216-18, 52.216-22 and 52.243-1 are in the IDIQ contract. You mentioned that the initial solicitation for the parent IDIQ would be a very interesting read. Here is a link to it on SAM.gov: https://sam.gov/opp/25276e239dad42e6b6b3b1a5d459a1c4/view. You will not be disappointed. It is unlike any contract I've supported in 20+ years. @joel hoffman Please see Sections B & C in the solicitation. Nearly all services and products under this contract meet the definitions of "Commercial Services" and "Commercial Products". The services in this contract are core to my company; we sell them to commercial customers across the globe. @Vern Edwards Thank you for your input on this thread and I appreciate the bonus learning opportunity re: agency relationships. I always learn something new in your posts!

All, my apologies for the delayed response. I am very grateful for your insight and assistance! Several hours after I posted the above, I took a rather nasty fall in my house. In addition to my pride being hurt, I broke multiple fingers. I'm wearing a cast and I'm having to hunt and peck and my hand is tired. I will post addtl info in the next several days. Thank you again for your insight and understanding. It really sucks getting older sometimes!☹️