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Good Afternoon, I work in the closeout division of one of the alphabet agencies in DoD. We currently have a backlog of thousands of contracts I am trying to closeout with little success. I have run through all of the contracts I could under DFARS 204.804(3), emailing vendors for all contracts older than 17 fiscal years and closing unilaterally if they agree or do not respond within a time frame. My problem now is we still have many thousands newer than 17 fiscal years and I generally cannot get vendors to final invoice and work with me resolving these cost plus or t&m types to close them. Question: If a vendor responds saying they do not intend to invoice but then nothing further or even if they do not respond within a certain time frame, should I request their information (ICP's, audits, settled rates) from DCAA/DCMA and do a cost buildup showing what they are owed or what they owe back to DoD. If their audits or rates were settled within the last 6 years, then do I have leeway to start issuing debt letters and documenting that the vendor was paid everything they are entitled to? Or is it 6 years from the date DCAA receives their ICP that the statue of limitations starts ticking? If DoD owes them, should I still closeout the contract and just document the max the vendor is owed if they ever come back, reopen the contract and want to invoice? Sorry for the barrage of questions, very new and just trying to make some headway into this problem. Please note, just seeking opinions from more experienced contracting officers that hopefully have more experience with this than myself - not making any rash decisions. Much Obliged, TroubledCloser
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I've got a situation where our contract files (I'm talking from pre-award through award and some admin) aren't great. In fact some are really bad with lots of documentation missing. Like pretty much all offices, we're getting a big push to closeout our backlog of contracts that are physically complete. Some of our management feels that the files need to be 100% complete in order to close them out, others feel that we just need a final invoice/certification that the performance is complete/records that show (for cost type) a final audit was completed and any price revisions reconciled (largely they're looking at FAR 4.804-5(a)). Those that want the files 100% want the staff to go back and complete the files (go get historical SAMs, recreate D&Fs/files and memo why it's late). What are your offices doing for closeouts when all the files aren't complete? I'm sure this must be a very common issue...
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I am relatively new to the contracting world and have been tasked with closing many POs (my company is the prime) in support of contract closeout. My question is not exclusive to a singular PO or situation, which I know makes it difficult to answer, but I am looking for general opinions on if the below scenario should require complete closeout documentation and formal closeout: FFP contract for commercial services - payment records show that our supplier invoiced us for $100.00 less than the contractual value. Should I receive documentation stating that the supplier will not invoice anything further along with a final invoice? Or, since the work seems to have been completed 4 years ago, let it go and unilaterally deobligate the remaining funds? Company procedure dictates that we need to receive many documents for each service, no matter the contract type. In my limited perspective many times for these small dollar value, commercial services it seems superfluous to require formal final invoicing and documentation. I can’t find any specific FAR references, so I am wondering what individuals on this boards experiences might be.
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Accidentally reposted - sorry.
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48 CFR 752.245-71 - Title to and care of property. "(c) (2) For non-expendable property titled to the Cooperating Government, the Contractor shall, within 90 days after completion of this contract, or at such other date as may be fixed by the contracting officer, submit an inventory schedule covering all items of non-expendable property under its custody, which have not been consumed in the performance of this contract. The Contractor shall also indicate what disposition has been made of such property." My reading of this clause is that the Cooperating Government (one on a bilateral obligating agreement) works with the Contractor to dispose of/reuse non-expendable property. Then, the COR/CO should be notified of the disposition after the fact and it does not need to necessarily follow the priority list in FAR 45.602-2. What do you think? Should FAR 45.602-2 be followed and should the COR review and CO approve of the disposition plan, or, in this case, do the Contractor and Cooperating Government have discretion? -The Count.
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- 752.245-71
- closeout
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Hello Wifcon members, I have a situation that I hope one of you can help me with. A subcontractor that worked under one of our Prime Contracts recently sent me their final invoice this month (Sept 2016), their final invoice was a rate adjustment based on their DCAA approved final indirect rates. The Prime Contract they worked under ended in 2014, but still has funding remaining on it. My questions are: Can I bill their Final Rate Adjustment Invoice against the remaining funding left on the prime contract even though the prime contract has already ended? Our prime contract costs for FY 2014 (year the prime contract was physically completed/ended) are currently being audited by the DCAA, would billing out the final invoice in FY2016 cause that cost to show up on the 2016 DCAA ICA? Is there a way to bill this Rate Adjustment Final Invoice without interfering with the DCAA's ICA? I'm somewhat new to this whole process and appreciate any guidance. V/R, KR_2016
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- subcontractor closeout
- closeout
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When closing out micropurchases and simplified acquisitions under $25,000.00, how many attempts and methods should be used to contact the contractor to verify payment of the final invoice and any outstanding matters? If the contractor fails to respond after being contacted three or more times, should a letter be sent to the contractor or is it appropriate to then proceed with closeout of the contract? I am unable to locate regulations or guidance requiring a specific minimum number of days for the contractor to respond with a verification. Please advise. Thanks.