Is there anything we can do to execute these modificationd do that we can complete the deobligation and closeout procedures?
You are prohibited from closing out the contract if it is in litigation or under appeal- see boldened area below.
4.804-1 Closeout by the office administering the contract.
(a) Except as provided in paragraph (c) of this section, time standards for closing out contract files are as follows:
(1) Files for contracts using simplified acquisition procedures should be considered closed when the contracting officer receives evidence of receipt of property and final payment, unless otherwise specified by agency regulations.
(2) Files for firm-fixed-price contracts, other than those using simplified acquisition procedures, should be closed within 6 months after the date on which the contracting officer receives evidence of physical completion.
(3) Files for contracts requiring settlement of indirect cost rates should be closed within 36 months of the month in which the contracting officer receives evidence of physical completion.
(4) Files for all other contracts should be closed within 20 months of the month in which the contracting officer receives evidence of physical completion.
(b) When closing out the contract files at 4.804-1 <http://www.acquisition.gov/far/html/Subpart 4_8.html#wp1109057> (a)(2), (3), and (4), the contracting officer shall use the closeout procedures at 4.804-5 <http://www.acquisition.gov/far/html/Subpart 4_8.html#wp1109081> . However, these closeout actions may be modified to reflect the extent of administration that has been performed. Quick closeout procedures (see42.708 <http://www.acquisition.gov/far/html/Subpart 42_7.html#wp1084721> ) should be used, when appropriate, to reduce administrative costs and to enable deobligation of excess funds.
(c) A contract file shall not be closed if—
(1) The contract is in litigation or under appeal; or
(2) In the case of a termination, all termination actions have not been completed.
If the company has not appealed and is just being uncooperative, use the unilateral administrative closeout procedure below, as authorized by the DCMA Contract Closeout Guidebook
Administrative Unilateral Closeout
The ACO should pursue a unilateral determination of final contract price when the contractor is non-responsive or has not provided a reasonable explanation for not submitting a final voucher. After issuance of the initial request for submission of final vouchers and the expiration of the 120-day suspense, the ACO should:
· Verify that all shipments/performance have been accepted by the government.
· Issue Initial Letter of Request for Final Voucher (Recommended suspense of 14 Days for Contractor to submit Final Voucher).
· Notify PCO of intent to perform Unilateral Determinations. PCO concurrence is recommended prior to issuance of contract modification. However, if after 30 days the PCO has not responded, the ACO should proceed with the closeout.
· Coordinate with DCAA to determine allowable cost and/or obtain applicable incurred cost audits.
· Determine the total previous payments made to the contractor according to MOCAS.
· Coordinate with legal council, and/or other advisors as appropriate.
· Issue a letter to the contractor, which will serve as a notice of intent to unilaterally determine the final contract prices if the final vouchers are not received within 30 days from date of the notice. (Return, Receipt Requested).
· If no final vouchers submitted, calculate the final price based on previous amounts paid to date.
· If overpayment has occurred, request a refund from the contractor. If the contractor refuses to provide the refund within 30 days from the date of the request, forward the debt to DFAS Columbus, via DCMA Form 1797, for collection action.
* If it is determined that excess funds remain on the contract, accomplish deobligation within the unilateral determination modification.
· Issue a modification establishing the final price at the amount previously paid to date and deobligate any excess funds at the ACRN level.
· Notify PCO that all actions are complete by using a DD Form 1594 or a MILSCAP Format Identifier PK9/EDI 567.
· Monitor movement of contract through MOCAS to ensure closeout. The ACO should:
* Verify that the modification has been processed in MOCAS.
* Verify that the unliquidated balance equals $0.00 at the ACRN level.
* Verify that the contractor was paid complete.
* Verify any refund checks received have been posted in MOCAS and excess funds deobligated.
* Forward any delinquent refund request to DFAS Columbus, via DCMA Form 1797, requesting collection action.
Document all contacts, telephone conversations and meetings, as evidence of Government initiated attempts to engage the contractor in remedying issue. Please ensure you engage your agency's legal counsel.
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