Contractor500

Apologies, additional information: the resale of the products POP didn't match the Gov't contract POP which is an issue when it comes to a software product. The Gov't POP is 29 September 2023 to 28 September 2024. The software vendors didn't deliver products until Feb 2024, so we didn't receive payments until Feb 2024

The Gov't customer is withholding payment of invoices due to a missing deliverable. This contract is about the resell of a software product. No services involved. Is there a way to resolve this issue so we may receive payment? Thank you.

Yes, the contract number is listed on the form. Good point. It will probably won't cause any audit issues since the contract number is listed. Thank you!

Thank you C Culham

The company I work for was awarded a new contract. The CO stated that she has issued us a final DD254. This doc still has solicitation written at the top right hand corner. Is it necessary to ask her to remove the word "solicitation" from the top of the DD254 or are we just wasting her time and taking the chance of irritating her? Could this cause us any type of audit issues later at some point if we don't ask her to remove it or not a big deal? Thank you.

Thanks!

All, I have run into a situation where FAR 52.244-2 is included in a new award. We do not have an approved purchasing system, therefore we would need to request consent for subs with certain contract types. But, the DD254 we were issued on this new award already lists the subcontractors. Are we still required to provide formal paperwork to the CO requesting consent for these subs along with supporting documentation? It seems like they are already approved if we have the DD254 with the subcontractors already listed. Just want to double check. Thank you.

I have run into a situation where FAR 52.244-2 is included in a new award. We do not have an approved purchasing system. But, the DD254 that we were issued on this new award already lists the subcontractors. Are we still required to provide formal paperwork to the CO requesting consent for these subs along with supporting documentation? It seems like they are already approved if we have the DD254 with the subcontractors already listed. Just want to double check. Thank you.

Thanks REA'n Maker

But, you still feel that consent to subcontract is not something we would have to worry about as far as non-compliance as long as FAR 52.244-2 is not in our contract?

Could this mean that FAR 52.244-2 not being in our contract be argued by the CO at a later time if considered mandatory by the CO and therefore fall under the Christian doctrine and the clause would apply to our contract after all? As a result, possibly run into issues with compliance because we never requested consent to subcontract for our subs? I found information that states “The Christian doctrine provides that a mandatory statute or regulation that expresses a significant or deeply ingrained strand of public procurement policy shall be read into a federal contract by operation of law, even if the clause is not in the contract.” Is there a chance that consent to subcontract could fall under this standard? I found that courts and boards have held the following clauses as meeting the Christian doctrine standard: Disputes, Termination, Changes, Payment, Equal opportunity and clauses implementing provisions of the Buy America Act, Truth in Negotiations Act (TINA), Miller Act, and Davis -Bacon Act. But, there isn’t a defined list of clauses covered by the Christian Doctrine.

Retreadfed, Thank you for this great information. Good to know

Thank you Vern! And thank you JRT132 for the clarification as well. I think I read c(1) too quickly.

So, FAR clause 52.244-2 isn't included in the IDIQ. Do you both agree that we don't need consent since it's not in the contract even though it says the following in the FAR clause: (c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that - (1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; We don't have an approved purchasing system and the Task Orders are T&M and some are Fixed Price. I just want to make sure I'm interpreting it correctly. Thank you

Thank you both! I appreciate the insight and guidance.