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  • Question

    How do I close a CPFF contract where services have been completed, but the contractor nor Administrative Contracting Officer (ACO) can't produce a Final Voucher to complete the Final Voucher Packet? What is the FAR or DFAR reference and would it simply require a memorandum for record?


    Answer

    Closing out a very old contract can be problematic as many of the people involved in the contract often have moved from their old positions.  It appears this is the case.  The FAR addresses what needs to be done to settle final indirect cost rates.  In FAR 42.705 (b), it states that within 120 days after settlement of the final indirect cost rates, the contractor must submit a completion invoice or voucher reflecting the settled amounts. 

    FAR 42.705 (c)(1) goes on to say that if the contractor fails to submit a completion invoice or voucher within the specified time frame, that the contracting officer may determine the amount due to the contractor and record the determination in a unilateral modification to the contract.  FAR 42.705 (c)(2) further says that the contracting officers determination must be issued as a final decision in accordance with FAR 33.211

    Based on what you have told me, it appears that the contractor does not expect any additional payments given they have submitted a release of claims, so the ACO should be able to deobligate the remaining funds and the contract closure process can continue.

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