What guidance would the Acquisition Community give for using ERS with Commercial Contracts (FFP, FP-EPA)?
FAR 12.302 (corrected from "13.302”) does in fact prevent tailoring of paragraph (g) "Invoice" of the clause at FAR 52.212-4, which states "The Contractor shall submit an original invoice..." One could argue that if the Government will not require an invoice (under ERS) and the contractor doesn't object to not having to submit an invoice to get paid, then not requiring an invoice is supported by both parties to the contract and should be permitted. However, we’re back to FAR 12.302 prohibiting the tailoring of the Invoice paragraph in FAR 52.212-4, so if you want to achieve the streamlining benefits of ERS, you would not be complying with FAR 12.302. I will provide points of contact to you in a separate email for additional information on this issue.
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