Jump to content

Search the Community

Showing results for tags 'antideficiency act'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • Instructions and Terms of Use
    • Terms Of Use
    • Before You Register, Before You Post, Instructions for Writing Your Question
  • Contracting Forum
    • What Happened?
    • Polls
    • For Beginners Only
    • About The Regulations
    • COVID-19 And Its Effect on Contracting
    • Contracting Workforce
    • Recommended Reading
    • Contract Award Process
    • Contract Pricing Including CAS & Allowable Costs
    • Contract Administration
    • Schedules, GWACS, MACs, IDIQs
    • Subcontracts & Subcontract Management
    • Small Business, Socioeconomic Programs
    • Proposed Law & Regulations; Legal Decisions


  • The Wifcon Blog
  • Don Mansfield's Blog
  • Government Contracts Blog
  • Government Contracts Insights
  • Emptor Cautus' Blog
  • SmallGovCon.com
  • The Contractor's Perspective
  • Government Contracts Legal Forum

Product Groups

There are no results to display.


  • Rules & Tools
  • Legal Opinions
  • News

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start





Website URL







Found 2 results

  1. A firm fixed price proposal was negotiated at a value of $800K. Funding at the time was available in the amount of $500K. The contract was awarded at a value of $800K, pursuant to DFARS 252.232-7007, the intention was to incrementally fund the contract in the amount of $500K. At the time, the organization was experiencing issues with the contract writing system, which resulted in the CLINs being inadvertently fully funded, thus over-obligating the $500K funding document by $300K. Unknowingly, the KO signed the contract. Within the same day, the error was discovered A modification was done to reduce the obligation to the $500K available. Does this constitute an ADA violation?
  2. Our agency has a long-standing policy of allowing incremental funding across fiscal years. As an anecdote, we had this one requirement for chaplain services that began 1 Sep 16, ends 31 Aug 17, and the RA only wanted to provide 2 months of FY16 OMA funds, intending to fund the other 10 months with FY17. Am I crazy, or doesn’t this violate the ADA by obligating the government in advance of funding? As the KO, I pushed back, requesting full funding or a change to the base period to match available funding. The RA was not pleased, nor was our management. We’ve been going back and forth for months and still are, prompting the RA to provide the full funding to ensure award by 30 Sep 16. But the fight is still on; management won’t rescind this policy, stating that we have to help the RA with their budget difficulties. Agency regulation requires management to report even *suspected* cases of ADA violations to HQ, but they won’t. I’ve bounced this off of other KOs for a reality check; they all agree that it is an ADA violation. As fish don’t know they’re wet, do we not know we’re wrong? Our legal counsel cites FAR clause 52.232-18 as authority; we disagree. Who’s right?
  • Create New...