When we mod to deob the money it cannot be bi-lateral since the company no longer exists so what would be our authority....type of course would be unilateral....help.
I would use FAR 4.8 as the authority. Here is what the DCMA Contract Closeout Handbook says to do:
Open full Question Details
CONTRACTOR IS NO LONGER IN BUSINESS
Unfortunately, it is not uncommon to have open contracts for companies that are no longer conducting business. In these instances, the Government shall take every reasonable measure to locate the company and/or its principals. It is suggested that the ACO:
* Attempt to contact company/company officials by telephone (using "directory assistance" to verify that the company hasn't simply relocated).
* Attempt to locate company in writing, via certified mail, return receipt requested.
* Contact/inquire about company's status from other Government officials (PCO, QAR, IS, PA, SBA, DCAA).
* Visit or request plant visit by the CMO designee (IS, QAR).
* Contact the Bankruptcy Court of the state in which the company is located to determine if company has filed for bankruptcy.
The contract file should be documented with every attempt made to locate the company and its officials. If all of the above attempts prove unsuccessful, it is recommended that the ACO begin the Administrative Unilateral Closeout process.
Administrative Unilateral Closeout begins with a thorough review of the official contract file(s). The following should be ascertained during that review:
* Is the contract physically complete and has Government acceptance of goods/services been received?
* Was the contractor previously paid any funds?
* What is the status of indirect cost rate settlement (if contract is other than firm fixed price)?
* Have all reasonable measures been taken to locate the company and documented in the contract file?
* Has the contract been terminated for convenience or default?
* Any other pertinent information relative to the contractor or performance of the contract (e.g., unsettled subcontract cost, unliquidated progress payments, litigation, etc.) should be considered. It is recommended that the ACO check with Office of General Counsel to ascertain if any actions are pending.
After completing your review, you should notify the PCO of your intent to perform Administrative Unilateral Closeout. It is recommended that you obtain PCO concurrence prior to issuing an Administrative Unilateral Closeout modification.
Recommended actions for Administrative Unilateral Closeout and, if required, determination of final contract price can be found in Contractor Has Failed to Submit Final Invoice/Voucher.
Additionally, you may need to consider contacting the appropriate Ministry of Defense office to validate that the company is no longer doing business.