Your browser does not support JavaScript!

Chapter 34 - IT Contract Administration

34.4 Conduct contract closeout

34.4.7 Final payment

For all agencies, final payment on the contract should be the last step in the closeout process. This may not be feasible for VITA statewide contracts where agencies purchase via individual purchase orders through eVA and when a purchase order term extends beyond the contract's end date. However, the VITA contract administrator should confirm with the supplier that there are no delinquent payments due by any agency. If there are, the VITA contract administrator should pursue closure on behalf of the supplier.

The contract administrator should review the contract (or purchase order) for any reduction, retainage, cost-share or fee-share obligations and confirm there are no outstanding performance incentives or penalties to ensure that any related adjustments or offsets are included in the final invoice, by mutual agreement of the supplier.

Final payment must not be made to the supplier if the supplier is delinquent in submitting any contractually required deliverable or report, or until all applicable closeout reports have been signed by the appropriate stakeholders. Additionally, the contract administrator may want to confirm with subcontractors that they have been paid by the supplier (prime contractor) for all work performed and billed to-date prior to the release of final payment.

Should there be any pending contact disputes at the time of contract closeout, in accordance with § 2.2-4363 of the Code of Virginia, any related contractual claims, whether for money or other relief, shall be submitted by the supplier in writing to the Commonwealth (agency) no later than 60 days after final payment has been made to the supplier; however, written notice of the supplier's intention to file such claim must be given to the agency at the time of the occurrence or beginning of the work upon which the claim is based. The contract administrator will facilitate bringing this to closure.

It is critical that this phase be expedited to ensure compliance with statutory payment requirements provided in the Code of Virginia, Sections § 2.2-4347 through § 2.2-4354.

An acknowledgement must be signed by the supplier to validate that final payment has been invoiced and received. If not, the supplier must attach a final invoice to the acknowledgement. The contract administrator will send the acknowledgement and invoice through the appropriate approval process, then to the appropriate agency paying office for payment and will monitor until the final payment is acknowledged by the paying office and confirmed by supplier's signed receipt.