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  • Question

    Is there a citation in the FMR or other controlling document indicating when the project is complete? Is the funding document's period of performance end date for the start date for the window for returning customer under burned funds? Since the project is two years is that the end date for the start date for the window for returning customer under burned funds?


    Answer

    To answer your question concerning a citation on when a project is complete, this should be contained within the interagency agreement as we discussed via the telephone.  Also, the only reference to returning unused funds in the FMR is from Volume 11B Chapter 1, which states:
     
    010108. Customer Orders
     
    Customer orders (funded requests for goods or services) provide the budgetary and cash resources necessary to finance operations. To be valid, customer orders must be obligations of a federal government activity and cash advances from nonfederal customers. Cash advances may also be requested from federal government activities when directed and approved in advance by the USD(C). When accepted, customer orders create a quasi binding contractual relationship between a DWCF activity and its customer since acceptance of a customer order requires that the performing entity agree in writing to perform the work for the customer entity. Except as authorized in Chapter 11, a DWCF business entity shall not initiate work or services or incur obligations until customer orders are signed and advanced funding is received. Customers may request a deobligation of their funds for goods or services ordered that were not provided. Return of customer funds is permissible only if the DWCF activity has not commenced work on the good or service ordered or incurred an obligation for those goods or services.
     
    The other issues were addressed as per our telephone conversation on 11/1/2013.
     

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