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    Because of the passage of time the PCO is not available. The mistake in mod P0004 seems self evident, it should have taken the entire amount from AE since the money was there and it was this ACRN that funded the reduced clins. Can a unilateral mod be issued by the ACO correcting the error in 0004 without violating the anti deficiency act or any other applicable law? The exact wording of the mod is still up in the air, but I was thinking of starting it off with "Whoops..." Such a mod would not either send money to or take money from the treasury. Please advise.


    Answer

    Based on the information you provided this sounds like an administrative error which should be correctable with an accounting adjustment.  If I understood the background below, the money was available but was paid from the wrong ACRN back in 1998 which should just be an accounting adjustment moving that payment from one ACRN to another ACRN.  The funds you refer to are in the canceled phase which means that those funds have been returned to Treasury and are not available for use of any type.  See the FMR verbiage below:
     
    DoD 7000.14-R Financial Management Regulation Volume 3, Chapter 13 * June 2009 130202
     
    c. Canceled Phase. The canceled phase follows the expired phase. Payments cannot be made from the canceled account for legitimately incurred obligations that have not been paid at the time the account is canceled. After an account is canceled, any obligation or adjustments to obligations that properly would have been chargeable to that appropriation may be paid from an unexpired appropriation that is available for the same purpose as the canceled account
     if:
      (1) The obligation or obligation adjustment is not already chargeable to another unexpired account and
      (2) The payment of obligations against the canceled appropriation from the unexpired appropriation does not exceed one percent of the unexpired appropriation (this is a single cumulative amount). See Chapter 10 for accounting requirements for closed/canceled accounts. By contacting the accounting personnel it may be possible to have this correction done and then you would be able to close out the contract.

    You definitely need to contact your local Comptroller to ascertain the correct manner to get this contract closed. 
     

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