Fitz

Excellent point, thank you Vern!

F&A is apprised but unable to assist based on the limitations of our system. Thank you Vern, I think it's more appropriate then to call what I've drafted a 'Memo to File' vice a 'Ratification' and steps have been taken to ensure this does not occur again. Yes, the second contract is being closed-out already and the unexpended funds de-obligated. Once I've fixed the first it will also be closed out.

It's tricky because there was a follow-on, but the POP's aren't linear. The original contract expired 09/30/2019 and the follow-on started 09/24/2020. Why it was done this way? Well.. I'm still scratching my head.. Well spotted, forgot to include that fact. The contract was not in jeopardy of being deficient, there were funds remaining but it was from the wrong FY so bonafide need was violated. Perhaps I'm using the word ratification improperly - this modification would be a correction unilaterally issued to the Vendor for their awareness. I can't correct the 'pots' of money without initiating a modification in our contract writing system. An excellent question, the Contracting Office submits the invoices for payment rather than the CORs or a Finance Office (working to change this). We're small and piggyback off a larger agency who actually renders payment for us. However, that agency has to be given direction on how to issue payment so I'm getting involved to make sure it's done correctly rather than leaving it to the payables technician or finance (who's not cut into the payment's process at all) to fix. So I'm drafting a D&F to send to Legal but before I sent it I wanted to consult WifCon. I want to ensure I give them all the facts and offer my prescribed way forward. We do not have attorneys who specialize in procurement or appropriations law.

Not necessarily a beginner, but certainly not a pro either, felt it best to put this question here: Currently in a situation where I've come into a new agency and found some issues, one of those issues I encountered was a contract from FY18/19 that is long since expired having 30+ invoices billed against it for services rendered after the expiry, (FY20/21). To clarify the POP of the original contract ended in Sept, 2019 and the payables technician continued to bill against it for services rendered well after the POP expiry while a follow-on contract to the same Vendor existed. Now ignoring the personnel/Vendor issue I'm now working on a D&F to submit to my legal folks to begin a ratification and I find myself wondering what my objective is.. I think the best course of action is initiate a ratification to have our unexpended FY20/21 money added to the expired contract to ensure the correct appropriations are billed against for the USG's records and issue a unilateral modification to the Vendor for their awareness. (The Vendor has been paid in full so the color of money does not matter to them) Am I on the right track?