Consequences for failure to submit final billing for indirect rates on time (60 days)

[richardp600]

Without going into the reasons why,  I cannot find anything in the FAR that addresses what the consequences could be of missing the due date for submitting.  i.e.  could they be deemed unallowable by the KO just due to lateness?

[joel hoffman]

3 minutes ago, richardp600 said:

Without going into the reasons why,  I cannot find anything in the FAR that addresses what the consequences could be of missing the due date for submitting.  i.e.  could they be deemed unallowable by the KO just due to lateness?

Where is and what is the specific due date that you are referring to ? 

[richardp600]

The 60 days billing requirement after final indirect rates agreement for a fiscal year.  We have received a SIGAR audit finding that they are including in their report to the KO.  It will be a $27k refund due the govt. for 2021. CPFF.

[joel hoffman]

Note: SIGAR is Special Inspector General for Afghanistan Reconstruction

[Retreadfed]

2 hours ago, richardp600 said:

The 60 days billing requirement after final indirect rates agreement for a fiscal year.

Where is this requirement found?

[joel hoffman]

10 hours ago, richardp600 said:

The 60 days billing requirement after final indirect rates agreement for a fiscal year

The question is this: Where is this required in the contract or referenced in the contract?  

[here_2_help]

All, the requirement is found in 52.216-7(d)(2)(v). 

To my knowledge, there is nothing in the FAR that tells a contracting officer what to do if the contractor is late. I imagine that a CPARS rating might be affected. I imagine that the adequacy of a contractor's accounting system might be affected, as the issue might warrant a Level 2 Corrective Action Request during an accounting system adequacy audit. That's about all I can come up with.

[Retreadfed]

Just now, here_2_help said:

All, the requirement is found in 52.216-7(d)(2)(v). 

To my knowledge, that version of the clause is dated 2018.  We don't know if there is a similar requirement in Richard's contract.

[Vern Edwards]

On 8/12/2024 at 8:02 AM, richardp600 said:

Without going into the reasons why,  I cannot find anything in the FAR that addresses what the consequences could be of missing the due date for submitting.  i.e.  could they be deemed unallowable by the KO just due to lateness?

There ought to be a middle school class that teaches people how to ask for information from someone who doesn't know all the pertinent facts of the situation that prompts the question.

[KMN]

I can confirm the response from @here_2_help is valid.  I have been witness to a company receiving a Significant deficiency in an accounting system adequacy audit due to not submitting Rate Variance invoices within 60 days.  DCMA then issued a Level III CAR.  So, the consequences could ultimately be losing your accounting system adequacy designation.