MANAGERS' INTERNAL CONTROL
PROGRAM.This instruction
contains managers'internal control provisions that
are subject to evaluation and testing asrequired
by DCMA-FBP Managers' Internal Control Program Instruction.
1. Perform an Initial Review of
Physically Complete Contracts and Identify Closeout Actions
1.1. (ND) The ACO
shall lead the contract closeout process, including coordinating
with DCMA personnel, DFAS (or other appropriate payment offices),
Buying Activity personnel, DCAA (or other audit agencies), the
contractor, and as necessary, the office of Counsel, Defense
Criminal Investigative Service, Inspector General, and the
Department of Justice (FAR
4.804-1(b)). Functional specialists shall:
1.1.1.1. For the purposes of closeout, when a contract
contains mixed type contract line items (fixed price and
cost-reimbursement), the functional specialist shall treat the
contract as a cost-reimbursement type
contract.
1.1.1.2. All prime contracts administered in
MOCAS shall remain in Section 1 until completion of performance or
expiration of ordering or option periods (e.g., Basic Ordering
Agreements, Indefinite Delivery Contracts, etc.).
1.1.1.3. Contracts administered in MOCAS that
have been partially terminated shall remain in Section 1 until
performance of the non-terminated portion has been
completed.
1.1.1.4. Contracts administered in MOCAS that are
in litigation or under appeal shall remain in Section 3 until the
litigation or appeal is resolved.
1.1.2. Prepare and provide the required interim contract completion
statement (DD
Form 1594, Contract Completion Statement, or
Agency equivalent) to the buying activity when the contract is
physically completed and accepted (DFARS PGI 204.804-2(1)(i)). For contracts administered in MOCAS, Part A, an
electronic version of the DD
Form 1594 (MILSCAP Format Identifier Interim PK9, Contract
Physical Completion, or EDI Transaction 567) is automatically
generated and sent to the buying activity when a contract moves to
Section 2.
1.1.3. Review contract funds status as soon as the contract becomes
physically complete and notify the buying activity of any excess
funds the contract administration office may be able to
deobligate.
1.1.3.1. Early identification of excess funds may help ease
funding constraints imposed on the Services and enable buying
activities to use funds that have not expired for obligation or
cancelled for other requirements, in accordance with financial laws
and
regulations.
1.1.3.2. When identifying excess funds, the ACO shall
consider the type of contract and clauses and determine the reason
for the excess funds (e.g., if indirect rates have not been settled
for a cost reimbursement type contract, the ACO should retain enough
funding to make payment on the final voucher). For
additional instruction regarding excess funds at the time of final
payment (see paragraphs 2.3.2.4. and 2.4.6. below).
1.1.4. Identify the necessary closeout actions to be taken using theDD
Form 1597, Contract Closeout Check List, (or Agency equivalent)
for contracts valued above the simplified acquisition threshold (DFARS
PGI 204.804-1(2)).
1.1.4.1. For contracts administered in MOCAS, the MOCAS
Contract Closeout (MCC) eTool automatically generates a check list
for physically complete contracts. As closeout actions are
completed and recorded in MOCAS, the MCC check list is automatically
updated (see MCC eTool Computer Based
Training). 1.1.4.2. MCC streamlines the closeout process
by reducing the number of screens the user navigates in order to
close a contract. It allows functional specialists to track
the closeout process, generates a current closeout check list,
permits the user to update R2 overage reason codes, and generate and
process Final Pay NLAs.
1.1.4.3. Functional specialists shall use MCC to
track/record closeout actions on the check list, update R2 overage
reason codes, and generate/process Final Pay NLAs for fixed price
contracts administered in MOCAS, with the exception of ODOs (see
paragraph 4 of this Instruction).
1.1.4.4. Functional specialists shall use MCC to
track/record closeout actions on the check list and update R2 reason
codes for cost-reimbursement contracts administered in MOCAS, with
the exception of ODOs (see paragraph 4 of this Instruction).
2.1. (ND) Using the Contract Closeout
Check List as a guide to ensure all closeout actions have been
satisfactorily accomplished, functional specialists shall begin
taking applicable actions to close the contract. As
detailed below, all actions identified in the check list may not be
applicable to every contract type.
2.2. ALL CONTRACTS. Actions that may be
applicable to all contracts, depending on the terms and conditions
of the contract include:
2.2.1.
Classified Material. (ND) When the contract is
classified or contains requirements for handling classified
documents (see contract DD
Form 254, DoD Contract Security Classification Specification),
the ACO shall ensure that classified material has been dispositioned
in accordance with Government security regulations and accounted for
by the contractor (see DoDD
5220.22-M, National Industrial Security Program Operating Manual about disposition and retention).
2.2.1.1. Disposition of classified material may be considered
complete when a final DD
Form 254 is issued indicating disposition, or the contractor
provides written certification that all data has been properly
processed.
2.2.1.2. Upon physical completion, the functional specialist shall
prepare a DD
Form 1593, marked "Information Copy,” and send it to the
cognizant Industrial Security Office. The cognizant
Industrial Security Office address may be found on the contract DD
Form 254. The ACO does not need to receive confirmation or
certification of completed actions from the security office in order
to proceed with closeout. When a contract with classified
material is closed and a final contract completion statement has
been issued, all classified material approved for retention by the
contractor is under the cognizance of the PCO and the Industrial
Security
Office.
2.2.1.3.
The ACO shall ensure the prime contractor has cleared
all DD Forms 254 from subcontractors performing under the prime
contract.
2.2.2. Patent
Report. When a contract contains a patent rights clause, FAR
52.227-11, 52.227-13 or DFARS
252.227-7039, the ACO shall obtain a final patent report from
the contractor, as required by the clause, preferably on a DD
Form 882, Report of Inventions and Subcontracts. The
report should be submitted within 3 months after physical completion
of the contract. The ACO shall forward the report to the
buying activity for action. LATEST CHANGE: FAR
4.804.5(a)(2) states the final patent report should be cleared
within 60 days of receipt and if patent report is not received the
Contracting Officer may proceed with closeout procedures upon
consultation with agency legal counsel.
2.2.2.1. The report should list all patent claims made under
the contract or certify that there were no inventions (a negative
report), and list all subcontracts which include a patents rights
clause or certify that no subcontracts were issued with this
requirement.
2.2.2.2. If the contract contains FAR
52.227-11, Patent Rights -- Ownership by the Contractor, a final
patent report is required only if there is an
invention.
2.2.2.3. If DFARS
252.227-7039, Patents--Reporting of Subject Inventions, is also
in the contract, a final report is required within three (3) months
after physical
completion.
2.2.2.4. The PCO should forward the clearance request and
patent report to the cognizant patent counsel for review and
clearance.
2.2.2.5. If the final patent report is negative, the ACO may
include language in a letter to the PCO, including a statement such
as "if the PCO fails to issue a response within 60 days, patent
clearance shall be deemed to have been issued" (see exception at
paragraph 2.2.2.6. of this Instruction). If this letter option
is pursued, prior to generation of this letter, the ACO should:
2.2.2.5.1. Proactively
verify information on the negative DD Form 882 and include the basis
for the opinion (progress report, lab report, interim patent
reports, comments from quality assurance specialists/program
integrators, final technical report, etc.) in the request for patent
clearance
letter.
2.2.2.5.2. Document
aggressive follow-up on the status of the pending request for patent
clearance during the 60-day
period.
2.2.2.5.3. If
desired, include an invitation to the PCO/patent counsel to provide
an opportunity for them to voice their objection to the 60-day
response.
2.2.2.6. If the DD Form 882 contains a report of
patentable subject inventions or if the ACO has reason to believe
that a negative DD Form 882 has failed to disclose an invention, the
ACO should not impose a 60-day suspense for a patent clearance
response.
2.2.3. Property
Clearance. (ND) When a contract contains FAR
52.245-1, Government Property the functional specialist shall coordinate with
the assigned Government Property Administrator (PA) to ensure Government
property provided to the contractor was properly disposed.
2.2.3.1. Upon
completion of all contract property disposition actions, the
assigned property administrator shall initiate closeout action in CPAS,
which will automatically generate the R9 code "55".
2.2.4. Price
Revision. When the contract contains clauses for economic
price adjustments (FAR
52.216-4, Economic Price Adjustment – Labor and Material), price
redetermination (FAR
52.216-6, Price Redetermination - Retroactive), or incentives
(FAR
52.216-10, Incentive Fee, 52.216-16,
Incentive Price Revision – Firm Target, or 52.216-17,
Incentive Price Revision – Successive Targets), adjustments in price
may be necessary.
2.2.4.1. Economic price adjustment. The contractor
shall notify the ACO within 60 days after an increase or decrease in
rates of pay for labor or unit prices for material, but no later
than final payment. When an adjustment is necessary,
the ACO shall negotiate a price adjustment and issue a contract
modification in order to complete the
action. 2.2.4.2. Price
redetermination. In accordance with the contract
redetermination clause, the contractor shall submit a
redetermination proposal within a stated number of days after
delivery of all supplies and completion of all services. The ACO shall negotiate to re-determine fair and reasonable
prices and issue a contract modification to complete this
action. 2.2.4.3. Incentives.
Contracts containing incentive clauses may be subject to submission
and negotiation of cost elements that will be used in the formula
for the incentive arrangement. For an incentive
contract, the ACO shall ensure that all overhead rates applicable to
the contract have been negotiated and the contractor is eligible to
submit its re-pricing settlement proposal. The ACO shall issue
a modification, in accordance with the contract clause, to complete
this action.
2.2.5. Value
Engineering Change Proposal (VECP). (ND) When a
contract contains FAR
52.248-1, Value Engineering, functional specialists shall verify
that no outstanding VECPs exist. The clause
encourages the contractor to develop, prepare, and submit VECPs
voluntarily. When a contractor submits a VECP, the buying
activity generally performs a review, with input from DCMA technical
engineers, and makes a final decision whether or not to accept the
VECP. If accepted, the PCO will issue a modification at the
conclusion of VECP negotiations. Upon receipt of the
modification or notification of non-acceptance, this action is
complete.
2.2.6.
Termination Docket. A contract may be terminated for
convenience or for default. DCMA TCO’s settle contracts that
are terminated for convenience. The buying activity settles
contracts that are terminated for default.
2.2.6.1. When
a contract has been terminated for convenience, the Termination
Contracting Officer (TCO) establishes a termination docket in the
Termination Automated Management System (TAMS). All
open actions and liabilities shall be resolved by the TCO prior to
closeout. Upon execution of a settlement agreement or
determination for contracts, the TCO shall issue a modification,
close the termination docket and forward the file to the ACO with
advice concerning excess funds, if any, for incorporation into the
official contract file (EDW).
2.2.6.1.1. For
contracts administered in MOCAS that are being completely
terminated, DFAS is responsible for moving the contract to Section
3, via Section 2, in order to generate a contract completion notice
(Note: An exception exists for terminated ODO
contracts – the ACO shall move the ODO to Section 3).
When the TCO issues a settlement agreement or determination
modification, the ACO should ensure that DFAS has taken action to
close the
contract.
2.2.6.1.2. For
contracts administered in MOCAS that are being partially terminated
for convenience, the ACO shall ensure the contract remains in
Section 1 until the non-terminated portion has been
completed.
2.1.6.1.3. Upon
receipt of a no-cost termination modification for a contract
administered in MOCAS, DFAS is responsible for moving the contract
to Section 5. The ACO should ensure that DFAS takes action to
close the contract, which completes this action.
2.2.6.2. The buying activity maintains the termination
docket for contracts terminated for default. All open actions
and liabilities shall be resolved by the activity prior to
closeout.
2.3. Close Fixed Price Contracts.
Actions that may be applicable to fixed price type contracts,
depending on the terms and conditions of the contract include:
2.3.1. Royalty
Report. When a contract contains FAR
Clause 52.227-9, Refund of Royalties, the contract price may
include certain amounts for royalties payable by the contractor or
subcontractor, or both. Before final payment can be made, the
contractor shall furnish a statement of royalties paid or required
to be paid in connection with performing the contract and
subcontracts thereunder together with the reasons.
2.3.1.1. If royalties were included in the contract price and
are determined by the ACO to be properly chargeable to the
Government and allocable to the contract, then the contractor will
be compensated and this action is
complete.
2.3.1.2. If royalties were included in the contract
price and were not in fact paid by the contractor or are determined
by the ACO not to be properly chargeable to the Government and
allocable to the contract, then the contract price shall be
reduced. Repayment or credit to the Government shall be made
as the ACO directs, completing this action.
2.3.2. Final
Payment
2.3.2.1.
For contracts in MOCAS Part B with funding equal to or less than
$25,000, when final payment is made, the contract "automatically"
moves to Section 5 and then to Section 8. When the contract
enters Section 8, no further action is required by the functional
specialist.
2.3.2.2.
For contracts in MOCAS Part B with funding greater than $25,000 but
not exceeding $99,000, DFAS is responsible for closing the contract
within 6 months and any excess funds are deobligated
automatically. Functional specialists shall manage
contracts in Part B on an exception basis. If DFAS
encounters a problem closing the contract, the functional specialist
may need to assist; otherwise, DFAS is responsible for closing the
contract within the 6 month time standard and ensuring the contract
moves to Section 5 and then to Section 8. When the contract
enters Section 8, no further action is required by the functional
specialist or
DFAS.
2.3.2.3. (ND) For all other MOCAS administered fixed price
contracts, except ODOs (see paragraph 4 of this Instruction), the
ACO shall review the contract to identify excess funds and use the
MCC eTool (see MCC eTool Computer Based Training) to generate and
process a Final Pay NLA, ensuring the contract moves to Section 5
and then to Section 8. When the contract enters
Section 8, no further action is required by the functional
specialist or DFAS.
2.3.2.3.1. When the Final Pay NLA has been processed in MCC,
the information is transmitted to MOCAS and an electronic contract
completion statement is generated and sent to the buying activity,
an R9 Remark FMNLA PROCESSED (indicating date of final payment) is
generated.
2.3.2.4. Excess and Remaining
Funds. Generally fixed price contracts have an
unliquidated (ULO) balance equal to $0.00 when the contract becomes
physically complete. However, there are instances where the
contract allows for variances in quantity shipped, the contractor
has rounded on the invoice, or performance on a specific CLIN was
not necessary (e.g., fixed funds provided for maintenance or service
on computer hardware). (ND)The
functional specialist shall complete a review of funds to determine
the reason why the ULO balance does not equal $0.00.
The review is conducted to determine if the funds are
“excess” or “remaining” to contract requirements. Upon
completion of the review, the circumstances that caused the funds
balance will dictate whether funds can be deobligated via
modification or removed automatically in MOCAS via the Q-Final
process (see paragraph
2.3.2.4.2. for additional information about the Q-Final
process).
2.3.2.4.1. Excess funds are funds relating to a
specific line item or deliverable that was not performed on a
contract. (ND)The functional
specialist shall deobligate all excess funds by contract
modification. For contracts administered in the MOCAS system,
the modification shall be fully processed before proceeding with the
MCC eTool Final Pay NLA procedure. 2.3.2.4.2.Remaining funds are funds left on a contract due to quantity variances or
price rounding and where all contract performance as required by the
contract has been completed and paid in full. (ND)For contracts administered in
the MOCAS system, the functional specialist shall annotate the ACO
Notebook with a remark stating, “$XX.xx (amount of remaining funds)
funds are remaining funds. When the Final Pay NLA is
processed using the MCC eTool, this annotation enables MOCAS to use
the Q-Final process and automatically clear the remaining funds and
proceed with closing the contract. Prior to a contract moving
to Section 5, when there is a ULO balance, MOCAS automatically
generates a Q-Final transaction to reduce the ULO to zero. The
payment office reviews this list to determine which contracts shall
be reopened and/or adjusted for financial reconciliation, etc.
The payment office automatically reopens or moves these
contracts to Section 4. If ACO assistance is required, the
payment office will contact the ACO directly.
2.4. Close Other Than Fixed Price
Contracts. Actions that may be applicable to cost
reimbursement type contracts, depending on the terms and conditions
of the contract include:
2.4.1. Interim or Disallowed Costs. (ND) Functional specialists shall ensure
that all interim or disallowed costs are settled under the
contract. In accordance with FAR
42.801 and DCMA Disallowance of Costs
Instruction, at any time during the performance of a cost
reimbursement contract, the ACO may issue a notice of intent to
disallow costs. When costs have been suspended or disapproved
under a cost reimbursement contract, either the ACO or DCAA (DCAA
Form 1) may issue a Notice of Costs Suspended and/or Disapproved
Under Cost Reimbursement Contracts. (ND) When a notice
has been issued, to which all contractor appear rights have been
exhausted. Should the contractor appeal the contracting officer's
final decision to the Armed Services Board of Contract Appeals or
the Court of Federal Claims, the contract shall remain open until
completion of the litigation. Upon settlement, in
accordance with DCMA Disallowance of Costs Instruction, this action
is complete.
2.4.2. Subcontractor Costs. The prime contractor is
responsible for auditing subcontractors and generally closes
subcontracts using procedures similar to the
Government. (ND) The functional specialist shall
ensure that the prime has settled subcontractor costs before closing
a contract. DCAA may issue a qualified indirect cost
audit report indicating that audit of certain subcontract costs has
not been completed. When the subcontract costs (direct or
indirect) are considered to be immaterial, the functional specialist
may proceed with contract
closeout.
2.4.3. Indirect Cost Rates. (ND) Functional specialists shall ensure that indirect cost
rates are settled covering the contract period of performance.
(ND) The ACO shall not close a cost reimbursement type contract
until all applicable indirect cost rates are settled, unless Quick
Closeout Procedures are used to settle the indirect costs (see FAR 42.708 and paragraph 3 of this Instruction).
2.4.3.1. Final indirect cost rates may be established on the
basis of ACO determination procedure (see FAR
42.705-1) or by Auditor determination procedure (see FAR
42.705-2), in accordance with DCMA Final Overhead Rates
Instruction.
2.4.3.2. FAR
52.216-7, Allowable Cost and Payment, requires the contractor to
submit an adequate final indirect cost rate proposal for the
establishment of final indirect cost rates. See the DCMA Final
Overhead Rates Instruction for guidance on obtaining the final
indirect cost rate proposals and required ACO actions when the
proposal submissions are late or
inadequate.
2.4.3.3. When indirect cost rates are determined by DCAA, it
is important that CMOs team with their DCAA counterparts to ensure
audit plans for completing audits of final indirect cost rates and
requesting submission of final vouchers are consistent with CMO
plans for closing contracts in a timely manner. DCAA will not
prioritize or schedule final indirect cost rate proposal audits for
contractors that have not submitted timely, adequate final indirect
cost rate
proposals.
2.4.3.4. This action is complete when applicable indirect cost
rates have been settled.
2.4.4.
Contractor’s Closing Statement and Final Voucher. In
accordance with FAR
42.705(b), within 120 days after settlement of the final
indirect cost rates for all years of performance on a physically
complete contract, the contractor shall submit a completion invoice
or voucher reflecting the settled amounts and rates.
2.4.4.1. The ACO may authorize, in writing, an extension to
the 120 day requirement. To determine whether a period longer
than 120 days is appropriate, the contracting officer should
consider whether there are extenuating circumstances as listed in FAR
42.705(b)(1) through (5). In accordance with FAR
42.705, when the contractor fails to submit a completion invoice
or voucher within the specified time period, the contracting officer
should:
2.4.4.1.1.
Unilaterally determine the amounts due to the contractor under the
contract. The contracting officer determination shall be issued as a
final decision in accordance with FAR
33.211.
2.4.4.1.2.
Record the determination in a unilateral modification to the
contract.
2.4.4.2. FAR
Clause 52.216-7, Allowable Cost and Payment, and 52.232-7,
Payments under Time and Materials and Labor Hour Contracts, requires
the contractor to execute and deliver:
2.4.4.2.1.
An assignment to the Government of refunds, rebates, credits or
other amounts (including interest, if any) properly allocable to
costs for which the contractor has been reimbursed by the Government
under the
contract;
2.4.4.2.2. A
release discharging the Government, its officers, agents, and
employees from all liabilities, obligations, and claims arising out
of or under the contract (some exceptions exist – see FAR Clauses 52.216-7 and 52.232-7);
and
2.4.4.2.3. A
cost voucher (SF
1034) marked as “completion” or
“final”
2.4.4.2.4. The functional specialist shall review the final voucher
package to ensure all closing documents have been obtained, are in
order and properly executed. The functional specialist shall
immediately contact the contractor if required documents are missing
or improperly completed. The functional specialist
should ensure that DCAA has received the final voucher
package. Upon submission of a proper final voucher package,
this action is complete.
2.4.5. Contract Final Audit. DCAA is
authorized to perform a final audit of the contract in accordance
with FAR
52.216-7(g) and 52.232-7(f).
DCAA examination of a final voucher or issuance of the Cumulative
Allowable Cost Worksheet (CACWS) constitutes the final audit action
on the contract.
2.4.5.1. If DCAA has established a CACWS, the ACO should use
the CACWS to determine the allowable costs for the contract instead
of requesting DCAA perform a contract audit closing statement.
The CACWS is a summary schedule of cumulative allowable costs for
each open flexibly priced contract through the last contractor
fiscal year for which indirect cost rates have been settled.
It also indicates if the contract is physically complete and
provides the status of assist audits to prime contractors and
contracting officers. Use of the CACWS significantly reduces
resources necessary to close out a contract. This action is
complete upon review of the
CACWS.
2.4.5.2. If there is no CACWS, the ACO should request DCAA to
perform a contract audit closing statement. In response to the
request, DCAA will issue a memorandum to the ACO (in lieu of an
audit report). This action is complete upon review of the
audit memorandum.
2.4.6. Final Voucher and Identification
of Final Excess
Funds. The Public Voucher
Instruction provides guidance on the specific steps for
processing the completion/final voucher. (ND) When all
administrative contract closeout actions are complete, the ACO shall
approve and forward the final voucher to DFAS for certification and
payment in accordance with the Public Voucher
Instruction. A final review of contract funds is
performed to determine if any “remaining” funds exist.
Remaining funds are funds left on contract due to price rounding or
cost underruns where all contract performance as required by the
contract has been completed and paid in full. For
contracts administered in the MOCAS system, the functional
specialist shall annotate the ACO Notebook with a remark stating,
“$XX.xx (amount of remaining funds) funds are remaining
funds. When the final voucher is processed for
payment, this annotation enables MOCAS to use the Q-Final process,
automatically clear the remaining funds and proceed with closing the
contract. Examples of remaining funds can be found in the
Contract Closeout
Guidebook.
2.4.7. Final
Payment. (ND) The functional specialist
shall ensure that the final voucher has been processed by the
payment office.
2.4.7.1. For
contracts administered in MOCAS, upon final payment and movement of
the contract to Section 5 and then to Section 8, this action is
complete.
2.4.7.1.1.
If the final voucher has been paid, but the contract remains
open, the ACO should verify that all prior vouchers have been paid
and the payment was coded as a final payment (type 1 code) in the
disbursement history. If this is the case, the ACO may use MCC
to generate and process a Final Pay NLA.
2.4.7.1.2.
If the payment is coded as a type 2 and there are remaining funds,
the ACO should ensure that the remaining funds were annotated on the
ACO Notebook before using MCC to generate and process a Final Pay
NLA.
2.4.7.2. The functional specialist should pay special
attention to incrementally funded contracts, all debts (including
uncollectable debts) and price revisions to ensure that payments,
including final adjustments, were made correctly.
3. Use Quick Closeout as Appropriate. There
may be instances where the ACO should negotiate the settlement of
indirect costs for a specific contract or group of contracts, in
advance of the determination of final indirect cost rates.
This procedure is called Quick Closeout. FAR
42.708 provides guidance regarding the use of quick closeout
procedures. LATEST CHANGE: The new FAR
requirement effective June 30, 2011 states the amount of unsettled
direct and indirect costs to be allocated to any one contract, task
or delivery order is relatively insignificant (i.e. does not exceed
the lesser of $1,000,000 or 10% of the total contract, task order,
or delivery order amount.)
3.1. DCMA has issued a Class
Deviation authorizing ACOs to close specific contracts prior to
the establishment of final indirect cost rates, regardless of dollar
value or the percent of unsettled indirect costs allocable.
This deviation may be used provided the contractor has submitted a
final certified indirect cost rate proposal that has been audited by
the Defense Contract Audit Agency (DCAA). LATEST
CHANGE: In selected
instances, the ACO may waive the audit requirement when compelling
reasons exist. The decision to waive the audit must be
made by the cognizant ACO in consultation with DCAA. ACOs are encouraged to use this deviation whenever
possible.
3.2. Quick closeout
procedures are discussed in detail in the Contract Closeout
Guidebook.
3.3. Unlike early
closeout procedures, the determination of final indirect costs under
quick closeout procedures is final for the contracts it covers and
no adjustments are made to other contracts for over or under
recoveries of costs allocated or allocable to the contracts covered
by the advance agreement. Additionally, indirect cost rates
used in the quick closeout of a contract are not considered a
binding precedent when establishing the final indirect cost rates
for other contracts.
4. Closeout Other Disbursing Office
(ODO) Contracts. DCMA provides contract administration
services for contracts that are not paid through MOCAS. These
contracts are typically referred to as ODOs and closeout varies
slightly from traditional primary administration.
4.1. DCMA entered into a Performance
Based Agreement (PBA) with the Defense Logistics Agency (DLA) to
guide the administration of their contracts. Section II, D,
paragraph 4 of the PBA states, “because DCMA administration offices
do not have visibility into the DLA payment system to verify
submittal or payment of invoices, DCMA ACOs are not able to perform
the funds review at the time of physical completion as required by
FAR. DLA has retained the responsibility for closeout of the
functions required by FAR
4.804-5(a)(14), 4.804-5(a)(15), 4.804-5(b)(9),
and DFARS
PGI 204.804-2(1)(iv). All other closeout actions should be
performed.” DLA ODOs close automatically if they are in MOCAS
Part A and coded correctly. The criteria for DLA Auto Closeout
is as follows:
4.1.1. Contract
is in CAR Section 2,
4.1.2. Dept Code = S,
4.1.3.
Contract Level Pay Office =
“9”,
4.1.4. R-9
Remark Contains “70”,
4.1.5. Physical Completion Date is at least 30 days prior to
the date the contract moved to Section 2,
and
4.1.6.
Payment Office DoDAAC, SL4701, is stated in the line of
accounting. (Note: Previous DoDAACs used by DLA Payment
Office include S33181, S33184, S44073, S36054, SC0100.)
4.2. If the ACO wants to prevent
automatic closeout of a DLA ODO contract, enter code 56 in the R9
remarks field. Code 56 will cause the contract to bypass the
automatic closeout process. The ACO shall manually
close the contract by entering a G and F NLA to close these
contracts. 4.3. DCMA does not
have an agreement with other activities regarding our administration
of ODO contracts. Therefore, ACOs shall follow the
closeout requirements as directed in FAR
4.804. For ODO contracts other than DLA ODOs,
verification should be made with the payment office that final
payment has been made and that the ULO balance equals zero.
The criteria for Non-DLA ODO closeout is as follows:
4.3.1. Ensure
all non DLA ODOs have the R9 remark code
54.
4.3.2.
Ensure all ACO/ PCO modifications and DD Forms 250 are entered
into MOCAS.
4.3.3. Verify that the Line Item Schedule Summary Record
(LISSR) is balanced.
4.3.4. Ensure all contractual actions have been
completed.
4.3.5. Contract payment office has verified that final payment
has been made and that the ULO balance equals zero. The
sources for payment information are as follows: Pay Office, My
Invoice, PCO, & contractor.
4.3.6. Contract shall be manually closed using MCC to
generate and process a Final Pay NLA. A DD Form 1594, Contract
Completion Statement, must be completed and sent to the buying
activity.
5. Closing Other Procurement
Instruments. Other procurement instruments include Other
Transactions, NASA contracts, etc. When closing Other
Transactions, special attention should be made to property issues,
payment issues, patent/royalty/march-in right issues. This
instruction applies to all prime contracts administered by
DCMA. Contracts administered in MOCAS include Part A and B
contracts. Although Other Transactions (OTs, including
Technology Investment Agreements) are not covered by the FAR, the
closeout process is generally the same as for contracts. ACOs
should ensure that all necessary closeout actions are accomplished
within 36 months of expiration of the agreement.
5 .1. Unique file documentation
requirements may exist for OTs and similar agreements. The file
should include the following:
5.1.1. An invention
disclosure spreadsheet, or similar
information.
5.1.2. A property list spreadsheet or similar
information,
5.1.3. Evidence of Government Program Manager certification
that all milestones have been satisfactorily completed and that all
deliverable items/reports have been
accepted.
5.1.4.
Evidence of Administrative Grant Officer review of expenditures/cost
share contributions and verification of these amounts as
appropriate.
5.1.5.
Evidence that the recipient sent copies of required
reports/documents to the Defense Technical Information Center, when
required by the
agreement.
5.1.6.
A closeout check list or closeout worksheet or similar
information.
5.1.7. A closeout memorandum or DD Form 1594, Contract
Completion Statement, that addresses all pertinent closeout
actions .
6. Closing Support
Contracts. (ND) When support contracts
administered in MOCAS (assignment code S or T) are ready to be
closed, the functional specialist shall move the contract from
Section 1 to Section 5 via DD Form 1593.
7. Closing Dormant Contracts. (ND)If a contract has been moved to Section 3 due to
dormancy, the ACO shall ensure that the appropriate dormancy code
has been entered in MOCAS. These codes shall be reviewed and
updated as necessary to ensure the system reflects current contract
status. For example, a contract was originally moved to
Section 3 awaiting review by the Armed Services Board of Contract
Appeals. When the appeal was denied, the contractor filed for
bankruptcy. Accordingly, the Dormancy Reason Code should be
updated from BCA to BKRPT. In addition, if the closeout date
is expected to exceed the overage date, the functional specialist
shall enter an estimated closeout date and overage reason code
in MOCAS and update as necessary.
8. Closeout Notifications to Buying
Activities. (ND) The ACO shall notify the buying
activity when all contract administration office closeout actions
are complete (DFARS
PGI 204.804-2(q)(iv)). For contracts administered
in MOCAS, the system automatically generates notices to the buying
activity. For contracts not administered in MOCAS, a DD
Form 1594, Contract Completion Statement, or Agency equivalent,
should be used to notify the buying activity of closeout
progress.
8.1. Physical Completion. The
ACO shall issue a contract completion statement (DD
Form 1594) to the buying activity upon final acceptance and
physical completion(DFARS
PGI 204.804-2(1)(i)). For contracts
administered in MOCAS, an electronic version of the DD Form 1594
(MILSCAP Format Identifier PK Notice or EDI Transaction) is
automatically generated and sent to the buying activity when a
contract moves to Section 2.
8.2. Overage and R2
Remarks. The ACO shall notify the buying
activity when a contract cannot be closed within the FAR mandated
time standard (DFARS
PGI 204.801-1(2)). This notification shall include the
reason for the delay and the new estimated closeout date (ECD) for
closeout. For contracts administered in MOCAS,
functional specialists shall use MCC to update R2 overage reason
codes. The reason code and ECD should reflect the
current closeout status of the contract. For contracts
administered in MOCAS, a PK Notice is automatically generated and
sent to the buying activity when the functional specialist enters or
updates an overage reason code and estimated closing date. To
provide a better explanation as to why the contract is overage,
information may be added in the ACO notebook. LATEST
CHANGE: The functional specialist will ensure that the correct
current code is input into the MOCAS system as the contract moves
through the closeout process. The functional specialist shall input
an “Office of Primary Responsibility” (OPR) code in the R9 remark
line when certain R2 Delay overage reason codes F, H, M, P, V, or W)
are used. The OPR codes (70 Series) are:
8.3. Final Contract Completion. In accordance with FAR
4.804-5(b), the ACO shall notify the buying activity when
administrative closeout is complete. For contracts
administered in MOCAS, a PK9 Notice is automatically generated and
sent to the buying activity as follows:
8.3.1. Contracts
Using Simplified Acquisition Procedures – based upon physical
completion.
8.3.2. Fixed Price Contracts – based upon final payment and
ACO Certification (processing of Final Pay NLA in
MCC).
8.3.3.
Cost Reimbursement Contracts – based upon ACO signature on the final
voucher and processing of the final voucher for
payment.
8.3.4.
All Other Contracts – based upon final payment and ACO Certification
(processing of a Final Pay NLA in MCC).
Competencies/Certifications
Warranted ACO with DAWIA Level II Certification in
Contracting
Training Matrix
Contract Closeout
Training Matrix
What TASKS are
required to
accomplish this
process?
Methods of training
On-the-Job Training (OJT)
Computer Based Training (CBT)
Course (Commercial, College/
Vocational)
Contractor Sponsored Training
Guidebooks
DCMA Developed
Administrative Task (The task is wholly enabled by the
contents of the instruction and requires no training
intervention)
Contracts Using Simplified Acquisition Procedures – upon
evidence of receipt of property and final payment
Fixed Price Contracts - 6 months after physical completion
(Exception for fixed price unilateral purchases orders – MOCAS
sets the overage date as 3 months after physical completion)
Cost Reimbursement Contracts – 36 months after physical
completion
All Other Contracts – 20 months after physical
completion
“Physically
complete” means the contractor has completed the required
deliveries and the Government has inspected and accepted the
supplies, or the contractor has performed all services and the
Government has accepted these services, and all option provisions,
if any, have expired, or the Government has given the contractor a
notice of complete contract termination.
“Overage” means the contract was not closed within the
FAR-mandated time standard.
“Closed” means all administrative actions, including final
payment, have been completed and all disputes have been
settled. A contract is considered to be closed on time when
closeout is achieved within the FAR-mandated time standard.
For fixed price contracts administered in the MOCAS system, the
following conditions shall be met prior to automatic movement to Section 2 –
A final acceptance document (e.g., “Z” Shipment) has been
received and entered in MOCAS, generating a final acceptance
date (FAD).
Line Item Schedule & Shipment Record (LISSR) shows the
quantity of items shipped and accepted equals the quantity of
items ordered (LISSR shall be balanced).
For cost reimbursement type contracts administered in the MOCAS
system, the contract shall be manually moved to Section
2. MOCAS generates a FAD and physical completion date based
on the date the contract was manually moved to Section 2.
Manual movement may take place when the ACO receives evidence of
physical completion from the Contracting Officers Representative
(COR) or in accordance with contract clauses. For contracts administered in the MOCAS system --
Contracts are considered to be physically complete on the
date the contract moves to Section 2. All prime
administered contracts remain in Section 1 until completion of
performance or expiration of ordering or option periods.
The overage date is automatically generated based on the
physical completion date and type of contract.
A contract is considered to be closed when it moves to Section 8.
For non-MOCAS contracts --
Contracts are considered to be physically complete when final
acceptance occurs.
The overage date is computed based on physical completion
date and type of contract.