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    Since DCMA is awaiting rates for claims or settlement is there a requirement to have a DD 250 signature? Should we have the contractor to sign a Certificate of Acceptance or a release or claims? What are our options for movement of this contract into Section 2


    Answer

    Reference Question 1, is there a requirement to have a DD 250 signature?  You stated in the background of your question that your contractor is required to use WAWF.  DFARS Appendix F,  F-301 WAWF RR - Preparation Instructions, and F-305 -Invoice instructions, spell out the requirements the contractor must use in completing the DD 250 electronically.  It can be assumed and argued that by submitting electronic DD 250 for payment purposes via WAWF the contractor is providing a virtual signature.  A true signature is only needed when ACO has directed the contractor to submit a paper copy of DD 250 in lieu of electronic copy (See DFARS 232-7002 for policy exceptions).  

    Reference Question 2, should we have the contractor sign a certificate of acceptance or a release or claims? As it relates to contract close-out, there is no requirement under
    FAR 4.804-5 (Procedures for closing out contract files) requiring the contractor to submit a certificate of acceptance or release of claims. However, under FAR 4.804-5 (13) and DD Form 1597 (Contract Close-out Checklist), a contractor's closing statement must be completed.  The DD Form 1597 is used by the Government to determine that all the required actions have been completed. 

    Reference Question 3, what are our options for movement of this contract into Section 2 and Question 4 (Background), contractor refuses to sign corrected DD 250 for movement into Section 2, what can be done?  The procedures regarding Section 2, MOCAS, (specifically movement into Section 2) are agency specific and therefore cannot be addressed by this author.  Because of this, you should contact your ACO or MOCAS Administrator for guidance and/or assistance.  It should be further noted with regards to Question 4 (portion of question concerning contractor signing or not signing DD 250) that the answer already provided under Question 1 also applies here.  Since we do not have all of the facts particular to your contract, program, and situation, we highly recommend that you consult with your ACO, MOCAS Administrator,  and Legal  Office for further guidance.


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