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  • Question

    Can the contractor bill for the entire CLIN Amount (1 Month) even though contractor didn't fulfill the entire month of service?


    Answer

    1. The FAR references quoted below in pertinent part are applicable to this response.

    FAR 32.111 -- Contract Clauses for Non-Commercial Purchases
    (a) The contracting officer shall insert the following clauses, appropriately modified with respect to payment due dates, in accordance with agency regulations --
      (1) The clause at 52.232-1, Payments, in solicitations and contracts when … a fixed-price service contract, … is contemplated.

    FAR 52.232-1 – Payments (Apr 1984)
    The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if –

      (a) The amount due on the deliveries warrants it, or

      (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

    2. Based on information provided in this inquiry, our response assumes that clause FAR 52.232-1 is included in this services contract. Pursuant to the terms of this clause, it would appear that the contractor did not submit a proper invoice as required by the clause in this case, and therefore the invoice could rejected by the contracting officer. However, this clause does permit the Government to make payment for partial deliveries accepted by the Government.

    3. Therefore, assuming that the services performed by the contractor were acceptable to the customer, then we recommend that the contractor officer consider authorizing a partial payment be made to the contractor for services rendered and accepted as a final payment calculated as follows to resolve the matter and facilitate contract closeout: 68 hours/160 hours = 42.5% X Unit Price = Final Amount Paid.



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