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    If the contractor bucket billed some of the OMA CLINs and a couple of years later is was discovered they should have billed to the appropriate CLIN could there be a ADA violation if no correction to billing was made? Assuming corrections were made and there may not have been enough funding to cover the cost for each CLIN? Or ADA for the whole DO? As stated funding was sufficient for each CLIN when the contract DO was awarded. Over the course of the contract DO there were a large amount of funds deobligated and return to the original source.


    Answer

    An ADA violation does not necessarily concern the charging to an actual CLIN or PoP.  The concern is with the actual appropriation and fiscal year.  For example, if all the CLINs that were “charged” and “should have been charged” were all OMA funds from FY 2008, there is really no ADA violation and you could simply do an administrative correction.  On the other hand, if a CLIN was “charged” that contained OMA funds from FY 2008 and it “should have been charged” to a CLIN containing WTCV funds from 2008, you would potentially have an ADA violation unless you can “cure” it.  In order to cure, the appropriation that should have been charged in the first place must have sufficient available funds to enable the adjustment of accounts.  Therefore if you deobligated the excess funds, as it appears you may have, try to get them back to make the correction.  Unfortunately, a violation exists if the proper account does not have enough money to permit the adjustment, and this includes cases where sufficient funds existed at the time of the error but have since been obligated or expended. 
     
    Reference: Redbook, volume II, chapter 6, pages 6-79 to 6-80 
     

     

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