Management System: Management and Operating (M&O) Contracting
Subject Area: Closeout of a Management and Operating (M&O) Contract
Procedure 1. Closeout of a Management and Operating (M&O) Contract
Subject Matter Expert: | STEPHANIE FULLER |
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Management System Owner: | JOHN LABARGE |
Secondary Management System Owner: | DENNIS WILSON |
Issue Date: 09/14/2012
SCMS Revision: 1.4
1.0 Applicability
This procedure applies to all Office of Science (SC) Contracting Officers (COs) and all SC Management and Operating (M&O) contracts moving from an active to closeout status.
2.0 Required Procedure
Step 1 | The CO initiates the closeout process and completes all of the following contract administration actions pertaining to the closeout of the expired contract:
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Step 2 | If required, the CO ensures that the contractor develops a transition plan which describes all steps necessary to transfer any contractual responsibilities to the new contractor. For more information on contract transition, see Procedure 1, Preparing and Approving a Contract Management Plan, of the SC Management and Operating (M&O) Contract Management and Administration Subject Area. |
For Technical-related Closeout Requirements, go to Step 3. For Intellectual Property-related Closeout Requirements, go to Step 5. For Government-owned Property-related Closeout Requirements, go to Step 7. For Security-related Closeout Requirements, go to Step 10. For Counterintelligence-related Closeout Requirements, go to Step 12. For Office of General Counsel (OGC)-related Closeout Requirements, go to Step 14. |
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Technical-related Closeout Requirements | |
Step 3 | Upon expiration of the contract, the CO obtains all necessary organizational reviews, certifications, clearances, and documentation; and ensures that the following are completed:
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Step 4 | The SC Site Office Manager confirms in writing that the contract is acceptable to close out from a technical standpoint. |
Intellectual Property-related Closeout Requirements | |
Step 5 | Upon expiration of the contract, the CO obtains all necessary organizational reviews, certifications, clearances, and documentation; and forwards the Patent Clearance Form to the Cognizant SC Integrated Support Center (ISC) Patent Counsel to ascertain whether there are any patent issues which would preclude closeout. |
Step 6 | The CO requests the contractor provide:
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Government-owned Property-related Closeout Requirements | |
Step 7 | Upon expiration of the contract, the CO obtains all necessary organizational reviews, certifications, clearances, and documentation. |
Step 8 | The contractor completes a Property Certification Form and submits a final inventory schedule. If there is a successor contractor, the final inventory schedule is generated from the joint reconciliation performed in accordance with the Personal Property Procedures. For more information on Managing and Disposing of Personal Property, see the Personal Property Management Management System Description. |
Step 9 | The CO:
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Security-related Closeout Requirements | |
Step 10 | Upon expiration of the contract, the CO obtains all necessary organizational reviews, certifications, clearances, and documentation. |
Step 11 | The CO forwards the Security Closeout Form to the Cognizant SC ISC Office of Safeguards and Security, and ensures that all security and nuclear material accountability requirements have been met. |
Counterintelligence-related Closeout Requirements | |
Step 12 | Upon expiration of the contract, the CO obtains all necessary organizational reviews, certifications, clearances, and documentation. |
Step 13 | The CO forwards the Counterintelligence Closeout Form to the Cognizant SC ISC Office of Counterintelligence, and ensure that all counterintelligence issues have been resolved prior to closeout. |
OGC-related Closeout Requirements | |
Step 14 | Upon expiration of the contract, the CO obtains all necessary organizational reviews, certifications, clearances, and documentation. |
Step 15 | The CO forwards the Legal Services Clearance Form to the Cognizant SC ISC OGC to ascertain whether any unsettled legal issues or claims exist which might preclude contract closeout. |
Step 16 | The CO obtains the Statement of Costs Incurred and Claimed for the final period of contract performance, and the final invoice, so that a determination of total allowable costs under the contract can be made.
NOTE: The CO determines, in writing, whether any audits in addition to the audit of the contractor’s annual Statement of Costs Incurred and Claimed are necessary. If additional audits are necessary, identify the Cognizant audit agency, and outline the scope of the audit for the Cognizant SC ISC Chief Financial Officer (CFO). The Cognizant CFO obtains any additional audits and provides a copy to the CO along with any advisory comments. |
Step 17 | The CO negotiates the final settlement of contract price with the contractor and documents the file to reflect the basis for reaching the negotiated agreement. |
Step 18 | After the parties have reached agreement on the final contract price, the CO obtains:
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Step 19 | The CO reviews the Contractor’s Final Release for accuracy and completeness, and ensures that funding and obligations have been reconciled in the Standard Accounting and Reporting System (STARS). NOTE: In the event the contractor has taken any exception to the standard language contained in the Final Release, the CO notifies the OGC and requests assistance in resolving the issue. |
Step 20 | After receipt of the Contractor’s Final Release, the CO:
NOTE: A deobligation of funds under $500.00 may be processed without a formal contract modification. The SF 30 may be issued on a unilateral basis if the signed Contractor’s Final Release accurately sets forth the amount claimed and due the contractor, and no further agreement from the contractor is required. Attach a copy of the Contractor’s Final Release and SF 30 to the CFO’s copy of the PR and retain in the official closeout file. |
Step 21 | The CO authorizes final payment following the receipt of all required clearances and agreement on final contract price. |
Step 22 | Once all requirements have been met, the CO prepares the Notice of Closeout Completion, authorizes payment of the completion invoice or voucher, and forwards both documents to the CFO. |
Step 23 | Once final payment has been made, the CO notifies all appropriate parties that closeout of the contract has been completed. The CO ensures the official closeout file has been documented and verification of contract closeout has been entered into the Federal Procurement Data System--Next Generation (FPDS-NG). |
3.0 References
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DOE F 2050.11, Patent Certification
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DOE O 221.2A, Cooperation With The Office of Inspector General (and any subsequent revision)
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DOE O 224.2A, Auditing of Programs and Operations (and any subsequent revision)
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Procedure 1, Preparing and Approving a Contract Management Plan, of the SC Management and Operating (M&O) Contract Management and Administration Subject Area
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SF 30, Amendment of Solicitation/Modification of Contract
This is not the online OFFICIAL SCMS COPY of this file. Before using this printed copy, verify that it is the most current version by checking the Last Major Revision and Last Minor Revision dates (at the bottom of each document) on the SCMS Web site.
This is the online OFFICIAL SCMS COPY of this file. Before using a printed copy, verify that it is the most current version by checking the Last Major Revision and Last Minor Revision dates (at the bottom of each document) on the SCMS Web site.
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Last Major SCMS Revision: 03/28/2008