52-212-4 (i)(1)
Started by ROD · Jan 31, 2020 · 3 replies
- ROriginal post
ROD
Jan 31, 2020 · 6y ago
Has anyone have any experience issuing a Modification under:
52-212-4 (i)(1)
(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
I am curious if 52-212-4 (i)(1) could be apply to deobligate funds, for task orders under FFP requirement contracts when the Gov didn't exercised the entire quantity of a CLIN?
ROD
- j
ji20874
Jan 31, 2020 · 6y ago
I wouldn’t.
Ideally, you would have obligated only funds for the option quantities you exercised, and not for any option quantities you didn’t exercise. In such a case, your question would be moot.
Based only on what I read in the original posting, I would think that your deobligation mod should be a unilateral administrative mod.
- C
Constricting Officer
Jan 31, 2020 · 6y ago
I agree with ji.
A requirements contract is a guarantee to order all XXXX from one contractor. If the obligated funding is more than ordered/accepted amount it would be admin action for de-ob.
That being said, if you ordered 10 and only accepted 9, your would be "terminating" a portion of the order and it has to be a bi-lateral MOD. Maybe USPS messed up the shipping. . .
If question not answered, need more information then the OP.
- R
Retreadfed
Feb 2, 2020 · 6y ago
On 1/31/2020 at 8:13 AM, ROD said:
when the Gov didn't exercised the entire quantity of a CLIN?
I don't understand what happened here. Are you saying that a CLIN had a maximum quantity the government could order but ordered something less? Also, what was the basis for obligating funds against this contract? In other words, did you obligate funds when orders were placed or did you use some other criteria for obligating funds?