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    I was informed that an ACO cannot sign a DD250 under any circumstances. Is that True? I was also informed that the modification was not valid because it was not a bilateral.. My understanding is that if a contractor requests payment within ceiling and the PCO authrozes it, it does not have to be Bilateral as long as you have the backup documentation.


    Answer


    The following response is based solely on the question and background information provided. As we do not have all of the facts particular to your contract, program, and situation, we highly recommend you consult your Contracting Officer and Legal Office for guidance.

    In answering your first question, there is nothing in the regulation or any guidance that says the ACO cannot sign the DD form 250.  However, signing the DD form 250 by the ACO is very rare (almost unheard of) because the ACO would sign the invoice and having him/her also sign the DD form 250 would appear to be a conflict.  The ACO should not sign the DD form 250.  This guidance is based on DFARS Appendix F dated December 27 2006.  The form may be found on our web page under the customer section.  Also, DFARS Appendix F has a copy of DD Form 250 filled out. The DD Form 250 is usually filled out by the contractor and this guidance is to allow the responsible individual, usually the Contracting Officers Representative (COR), to understand what the form is used for and what each block means.  This will help ensure the Government is getting what is required.  The COR is normally required to sign the DD Form 250 as proof of acceptance that the supplies or services were received.  This is important because it is one mechanism that will allow the contractor to get paid.
     
    In answering your second question on the storage fee modification, just because the mod was unilateral, does not make the mod invalid. The contractor would request a fee and the Contracting Officer would negotiate the fee and hopefully come to some agreement.  Once agreement on fee has been reached, the Contracting Officer would issue a bilateral modification.  However, please note that if the contractor refuses to sign the mod, the Contracting Officer can issue the mod unilaterally in which the fee can be disputed by the contractor.

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