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  • Question

    Is that action considered UAC or can the contractor just need to pay back to the US Treasury the overpaid amount? Doing a ratification seems not the proper way, since if the contractor really did performed extra labor hours, that is their fault since they know the total amount of labor hours that they need to provide on the awarded contract.


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.

     

    It is not an unauthorized commitment.  The work was properly authorized with use of an appropriate contract action.  Additionally were3 this an unauthorized commitment, the contractor would have to determine whether to process a ratification; a ratification definitely does not apply in this situation.  The contractor simply needs to refund the overpayment to the U.S. Treasury as you have identified.

     

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