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Getting Paid - The Challenge of Government Contracts. Breakout Session # 908 Jack R. Hott CPCM , Manager, Data Systems & Practices Fellow Battelle Memorial Institute Marlene D. Khoury, CPCM Associate Manager Fellow Battelle Memorial Institute Date April 16, 2008
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Getting Paid - The Challenge of Government Contracts Breakout Session # 908 Jack R. Hott CPCM, Manager, Data Systems & Practices Fellow Battelle Memorial Institute Marlene D. Khoury, CPCM Associate Manager Fellow Battelle Memorial Institute Date April 16, 2008 Time 9:40 – 10:40
Overview • Government Philosophy on Contract Finance • Standard Contract Provisions • Billing Issues to Keep in Mind
Government Philosophy on Contract Finance • Provide only to the extent needed for prompt and efficient performance, considering the availability of private financing (FAR 32.104) • CO shall not treat the need for financing as a handicap for contract award (FAR 32.107)
Government Philosophy on Contract Finance • Administer financing so as to aid, not impede the acquisition • Avoid any undue risk of monetary loss to the Government through the financing • Include the form of contract financing deemed to be in the Government’s best interest in the solicitation • Monitor use of financing provided and the contractor’s financial status • If the contractor is a small business concern, the contracting officer must give special attention to meeting the contractor’s financial need. FAR 32.104
Government Philosophy on Contract Finance • Order of Preference • Private financing • Customary • Progress Payments • Performance Based Payments • Loan guarantees • Unusual contract payments • Advanced payments
Standard Contract Provisions • 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts • 52.216-7 Allowable Cost and Payment • 52.216-8 Fixed Fee
Billing Issues to Keep in Mind • RTFC (billing information can be anywhere!) • Where to send bills (different address for different CLINs?) • Where to send the FINAL bill • Billing format • Billing attachments • Billing routing and number of copies • Submit to other than a finance office should be a red flag to both the contractor and the Government!
Billing Issues to Keep in Mind • Beware of multiple ACRNs (oldest money first) • WAWF (monitor rejects and suspended) • Clearly indicate CLIN/SubCLIN/ELIN and ACRN • Watch out for expiring funds
Billing Issues to Keep in Mind (T&M) • Bill only rates and labor categories in the contract • Attach receipts, travel reports if requested • Specify the period, beginning and end dates for the hours billed
Billing Issues to Keep in Mind (Cost-Reimbursement) • Provisional billing rates • Separate billing of rate adjustments • Quick Closeout rates
Billing Issues to Keep in Mind (Final Billing) • Special final billing dates • Final billing (attach rate letters) • All costs booked BEFORE final invoice prepared • Release of Claims