How should I recoup the funds? Should the contractor make a check payable to the Treasury, or can I impact invoicing of another task order that the contractor has since the one I am seeking considerations on has ended?
Thank you for the advice and help.
This answer is based only on the information provided and I am not able to see what was in the contract. You stated the contract states a Minimum Team Compliment (MTC) of full Time Employees and since you mentioned task orders I’m assuming each task order stated the MTC for the task order. I am also assuming there is a Quality Assurance Surveillance Plan (QASP) which I would think would have address what would happen if the contractor did not comply with the MTC on each task order. You should follow what was spelled out in the QASP and the Performance Work Statement (PWS).
It might be possible to withhold payment on a task order they are still working on for the missing hours they were required to work. You need to run this by legal, finance and DFAS. If there is not another task order where they have not received payment the contractor would need to write a check to the US Treasury.