Greatly appreciate anyone who doesn't mind taking some time to provide confirmation regarding the following.
We recently were awarded a contract, where labor is on an FFP basis and travel is on a CR basis. Upon review of the contract, it was discovered that the Contracting Office inserted the following verbiage under Section G - Contract Administration Data, "The contractor is authorized partial delivery payments for services, CLINs 0001, 1001, 2001 under this contract. The Contractor may, not more often than monthly, invoice the lesser of 1/12 the total CLIN price or this amount minus the value of any non-conforming services. Specifically, the Contractor shall not invoice for the value of any services not performed due to uncompensated and otherwise unmitigated employee absences impacting services such as leave without pay, extended military leave, and position vacancies."
For the underline to be binding, mustn't FAR 52.216-4 (Economic Price Adjustment - Labor and Material) be incorporated by reference into the contract?
Thank you in advance for any assistance.