Can contractor continue unfunded work when funds are enroute?

[DE13151719]

Background: CPFF contract, funds come from different agency than the contract is issued by. Sometimes the MIPR takes time to hit the contract because of IAAs and the paperwork trail. We invoice costs monthly, however there is nothing stipulating that we need to invoice monthly. Cost vouchers are not connected to specific deliverables.

When we did similar work as a sub, we would occasionally work "at-risk" when the money on our subK was fully expended but we knew funds were enroute with a MIPR (with the permission of our prime). Now we are performing under our own prime contract. Is there anything in the FAR that precludes us from doing this? 

Hypothetically, say our funding runs out on 5 January. Funds have been sent from the customer, but aren't on the contract yet. Can we continue work until they are available? We technically don't need to invoice at any particular time, so couldn't we just hold off invoicing anything until the funds have been modded to our contract?

We provided the CO with the 75% of funds expended notification. 

THANK YOU!

[Vern Edwards]

50 minutes ago, DE13151719 said:

Background: CPFF contract... Hypothetically, say our funding runs out on 5 January. Funds have been sent from the customer, but aren't on the contract yet. Can we continue work until they are available?

Yes, at risk.

If the contract includes FAR 52.232-20, see paragraph (f). If it includes FAR 52.232-22, see paragraph (i).

[Retreadfed]

DE, is your contract for services?

[DE13151719]

 

2 hours ago, Retreadfed said:

DE, is your contract for services?

Retreadfed - No, it is a R&D effort.