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subpart 232.8--assignment of claims

(Revised June 27, 2000)

 

 



 232.803 Policies.
 232.805 Procedure.
 232.806 Contract clause.


232.803  Policies.

 

      (b)  Only contracts for personal services may prohibit the assignment of claims.

 

      (d)  Pursuant to Section 3737(e) of the Revised Statutes (41 U.S.C. 15), and in accordance with Presidential delegation dated October 3, 1995, Secretary of Defense delegation dated February 5, 1996, and Under Secretary of Defense (Acquisition, Technology, and Logistics) delegation dated February 23, 1996, the Director of Defense Procurement and Acquisition Policy determined on May 10, 1996, that a need exists for DoD to agree not to reduce or set off any money due or to become due under the contract when the proceeds under the contract have been assigned in accordance with the Assignment of Claims provision of the contract.  This determination was published in the Federal Register on June 11, 1996, as required by law. Nevertheless, if departments/agencies decide it is in the Government's interest, or if the contracting officer makes a determination in accordance with FAR 32.803(d) concerning a significantly indebted offeror, they may exclude the no-setoff commitment.

 

232.805  Procedure.

 

      (b)  The assignee shall forward—

 

              (i)  To the administrative contracting officer (ACO), a true copy of the instrument of assignment and an original and three copies of the notice of assignment.  The ACO shall acknowledge receipt by signing and dating all copies of the notice of assignment and shall—

 

                    (A)  File the true copy of the instrument of assignment and the original of the notice in the contract file;

 

                    (B)  Forward two copies of the notice to the disbursing officer of the payment office cited in the contract;

 

                    (C)  Return a copy of the notice to the assignee; and

 

                    (D)  Advise the contracting officer of the assignment.

 

              (ii)  To the surety or sureties, if any, a true copy of the instrument of assignment and an original and three copies of the notice of assignment.  The surety shall return three acknowledged copies of the notice to the assignee, who shall forward two copies to the disbursing officer designated in the contract.

 

              (iii)  To the disbursing officer of the payment office cited in the contract, a true copy of the instrument of assignment and an original and one copy of the notice of assignment.  The disbursing officer shall acknowledge and return to the assignee the copy of the notice and shall file the true copy of the instrument and original notice.

 

232.806  Contract clause.

 

      (a)(1)  Use the clause at 252.232-7008, Assignment of Claims (Overseas), instead of the clause at FAR 52.232-23, Assignment of Claims, in solicitations and contracts when contract performance will be in a foreign country.

 

              (2)  Use Alternate I with the clause at FAR 52.232-23, Assignment of Claims, unless otherwise authorized under 232.803(d).

 

 

 


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