252.232-7000 Advance Payment Pool.
252.232-7001 Disposition of Payments.
252.232-7002 Progress Payments for Foreign Military Sales
Acquisitions.
252.232-7003 Electronic Submission of Payment Requests and
Receiving Reports.
252.232-7004 DoD Progress Payment Rates.
252.232-7005 Reimbursement of Subcontractor Advance
Payments--DoD Pilot Mentor-Protege Program.
252.232-7006 Reserved.
252.232-7007 Limitation of Government’s Obligation.
252.232-7008 Assignment of Claims (Overseas).
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.
252.232-7010 Levies on Contract Payments.
252.232-7011 Payments in Support of Emergencies and Contingency Operations.
252.232-7000 Advance Payment Pool.
As prescribed in 232.412-70(a), use the
following clause:
ADVANCE
PAYMENT POOL (DEC 1991)
(a) Notwithstanding any other provision of this
contract, advance payments will be made for contract performance in accordance
with the Determinations, Findings, and Authorization for Advance payment dated
__________________________.
(b) Payments made in accordance with this clause
shall be governed by the terms and conditions of the Advance Payment Pool
Agreement between the
(End of
clause)
252.232-7001 Disposition of Payments.
As prescribed in 232.412-70(b), use the
following clause:
DISPOSITION
OF PAYMENTS (DEC 1991)
Payment will be by a dual payee Treasury
check made payable to the contractor or the (insert the name of the
disbursing office in the advance payment pool agreement), and will be
forwarded to that disbursing office for appropriate disposition.
(End of
clause)
252.232-7002 Progress Payments for Foreign Military Sales
Acquisitions.
As prescribed in 232.502-4-70(a), use the
following clause:
PROGRESS
PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS
(DEC 1991)
If this contract includes foreign military
sales (FMS) requirements, the Contractor shall—
(a) Submit a separate progress payment request
for each progress payment rate; and
(b) Submit a supporting schedule showing—
(1) The amount of each request distributed to
each country's requirements; and
(2) Total price per contract line item applicable
to each separate progress payment rate.
(c) Identify in each progress payment request the
contract requirements to which it applies (i.e., FMS or
(d) Calculate each request on the basis of the
prices, costs (including costs to complete), subcontractor progress payments,
and progress payment liquidations of the contract requirements to which it
applies; and
(e) Distribute costs among contract line items
and countries in a manner acceptable to the Administrative Contracting Officer.
(End of
clause)
252.232-7003 Electronic Submission of Payment Requests and
Receiving Reports.
As prescribed in 232.7004, use the following
clause:
ELECTRONIC
SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)
(a) Definitions. As used in this clause—
(1) “Contract financing payment” and “invoice
payment” have the meanings given in section 32.001 of the Federal Acquisition
Regulation.
(2) “Electronic form” means any automated system
that transmits information electronically from the initiating system to all
affected systems. Facsimile, e-mail, and
scanned documents are not acceptable electronic forms for submission of payment
requests. However, scanned documents are
acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another
electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract
financing payment or invoice payment submitted by the Contractor under this
contract.
(b) Except as provided in paragraph (c) of this
clause, the Contractor shall submit payment requests and receiving reports
using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File
Transfer Protocol, or World Wide Web input.
Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request
and receiving report using other than WAWF only when—
(1)
The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor
and the Contracting Officer shall agree to a plan, which shall include a
timeline, specifying when the Contractor will transfer to WAWF;
(2)
DoD is unable to receive a payment request or provide acceptance in
electronic form;
(3)
The Contracting Officer administering the contract for payment has determined,
in writing, that electronic submission would be unduly burdensome to the
Contractor. In such cases, the
Contractor shall include a copy of the Contracting Officer’s determination with
each request for payment; or
(4)
DoD makes payment for commercial transportation services provided under
a Government rate tender or a contract for transportation services using a
DoD-approved electronic third party payment system or other exempted vendor
payment/invoicing system (e.g., PowerTrack, Transportation Financial Management
System, and Cargo and Billing System).
(d)
The Contractor shall submit any non-electronic payment requests using
the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this
clause, the Contractor shall meet the requirements of the appropriate payment
clauses in this contract when submitting payment requests.
(End of
clause)
252.232-7004 DoD Progress Payment Rates.
As prescribed in 232.502-4-70(b), use the
following clause:
DOD PROGRESS
PAYMENT RATES (OCT 2001)
(a) If the contractor is a small business
concern, the Progress Payments clause of this contract is modified to change
each mention of the progress payment rate and liquidation rate (excepting
paragraph (k), Limitations on
Undefinitized Contract Actions) to 90 percent.
(b) If the contractor is a small disadvantaged
business concern, the Progress Payments clause of this contract is modified to
change each mention of the progress payment rate and liquidation rate (excepting
paragraph (k), Limitations on
Undefinitized Contract Actions) to 95 percent.
(End of
clause)
252.232-7005 Reimbursement of Subcontractor Advance
Payments--DoD Pilot Mentor-Protege Program.
As prescribed in 232.412-70(c), use the
following clause:
REIMBURSEMENT
OF SUBCONTRACTOR ADVANCE PAYMENTS--DOD PILOT MENTOR-PROTEGE PROGRAM (SEP 2001)
(a) The Government will reimburse the Contractor
for any advance payments made by the Contractor, as a mentor firm, to a protege
firm, pursuant to an approved mentor-protege agreement, provided—
(1) The Contractor’s subcontract with the protege
firm includes a provision substantially the same as FAR 52.232-12, Advance
Payments;
(2) The Contractor has administered the advance
payments in accordance with the policies of FAR Subpart 32.4; and
(3) The Contractor agrees that any financial loss
resulting from the failure or inability of the protege firm to repay any
unliquidated advance payments is the sole financial responsibility of the
Contractor.
(b) For a fixed price type contract, advance
payments made to a protege firm shall be paid and administered as if they were
100 percent progress payments. The
Contractor shall include as a separate attachment with each Standard Form (SF)
1443, Contractor’s Request for Progress Payment, a request for reimbursement of
advance payments made to a protege firm.
The attachment shall provide a separate calculation of lines 14a through
14e of SF 1443 for each protege, reflecting the status of advance payments made
to that protege.
(c) For cost reimbursable contracts,
reimbursement of advance payments shall be made via public voucher. The Contractor shall show the amounts of
advance payments made to each protege on the public voucher, in the form and
detail directed by the cognizant contracting officer or contract auditor.
(End of
clause)
252.232-7006 Reserved.
252.232-7007 Limitation of Government’s Obligation.
As prescribed in 232.705-70, use the
following clause:
LIMITATION
OF GOVERNMENT’S OBLIGATION (MAY 2006)
(a) Contract line item(s) * through * are incrementally funded. For these item(s), the sum of $ * of the total price is presently available for
payment and allotted to this contract.
An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of
this clause, the Contractor agrees to perform up to the point at which the
total amount payable by the Government, including reimbursement in the event of
termination of those item(s) for the Government’s convenience, approximates the
total amount currently allotted to the contract. The Contractor is not authorized to continue
work on those item(s) beyond that point.
The Government will not be obligated in any event to reimburse the Contractor
in excess of the amount allotted to the contract for those item(s) regardless
of anything to the contrary in the clause entitled “Termination for Convenience
of the Government.” As used in this
clause, the total amount payable by the Government in the event of termination
of applicable contract line item(s) for convenience includes costs, profit, and
estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the
allotment schedule in paragraph (j) of this clause, the Contractor will notify
the Contracting Officer in writing at least ninety days prior to the date when,
in the Contractor’s best judgment, the work will reach the point at which the
total amount payable by the Government, including any cost for termination for
convenience, will approximate 85 percent of the total amount then allotted to
the contract for performance of the applicable item(s). The notification will state (1) the estimated
date when that point will be reached and (2) an estimate of additional funding,
if any, needed to continue performance of applicable line items up to the next
scheduled date for allotment of funds identified in paragraph (j) of this
clause, or to a mutually agreed upon substitute date. The notification will also advise the
Contracting Officer of the estimated amount of additional funds that will be
required for the timely performance of the item(s) funded pursuant to this
clause, for a subsequent period as may be specified in the allotment schedule
in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds
are not allotted by the date identified in the Contractor’s notification, or by
an agreed substitute date, the Contracting Officer will terminate any item(s)
for which additional funds have not been allotted, pursuant to the clause of
this contract entitled “Termination for Convenience of the Government.”
(d) When additional funds are allotted for
continued performance of the contract line item(s) identified in paragraph (a)
of this clause, the parties will agree as to the period of contract performance
which will be covered by the funds. The
provisions of paragraphs (b) through (d) of this clause will apply in like
manner to the additional allotted funds and agreed substitute date, and the
contract will be modified accordingly.
(e) If, solely by reason of failure of the
Government to allot additional funds, by the dates indicated below, in amounts
sufficient for timely performance of the contract line item(s) identified in
paragraph (a) of this clause, the Contractor incurs additional costs or is
delayed in the performance of the work under this contract and if additional
funds are allotted, an equitable adjustment will be made in the price or prices
(including appropriate target, billing, and ceiling prices where applicable) of
the item(s), or in the time of delivery, or both. Failure to agree to any such equitable
adjustment hereunder will be a dispute concerning a question of fact within the
meaning of the clause entitled “Disputes.”
(f) The Government may at any time prior to
termination allot additional funds for the performance of the contract line
item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do
not limit the rights of the Government under the clause entitled
“Default.” The provisions of this clause
are limited to the work and allotment of funds for the contract line item(s)
set forth in paragraph (a) of this clause.
This clause no longer applies once the contract is fully funded except
with regard to the rights or obligations of the parties concerning equitable
adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of
the Government to terminate this contract pursuant to the clause of this
contract entitled “Termination for Convenience of the Government.”
(i) Nothing in this clause shall be construed as
authorization of voluntary services whose acceptance is otherwise prohibited
under 31 U.S.C. 1342.
(j) The parties contemplate that the Government
will allot funds to this contract in accordance with the following schedule:
|
On execution of contract |
$ ________ |
|
(month) (day), (year) |
$ ________ |
|
(month) (day), (year) |
$ ________ |
|
(month) (day), (year) |
$ ________ |
(End of
clause)
ALTERNATE I (MAY 2006).
If only one line item will be incrementally
funded, substitute the following paragraph (a) for paragraph (a) of the basic
clause:
(a) Contract line item ______ is incrementally
funded. The sum of $ * is presently available for payment and
allotted to this contract. An allotment
schedule is contained in paragraph (j) of this clause.
* To
be inserted after negotiation.
252.232-7008
Assignment of Claims (Overseas).
As prescribed in 232.806(a)(1), use the following clause:
ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)
(a) No claims for monies due, or to become due,
shall be assigned by the Contractor unless¾
(1) Approved in writing by the Contracting
Officer;
(2) Made in accordance with the laws and
regulations of the
(3) Permitted by the laws and regulations of the
Contractor’s country.
(b) In no event shall copies of this contract or
of any plans, specifications, or other similar documents relating to work under
this contract, if marked “Top Secret,” “Secret,” or “Confidential” be furnished
to any assignee of any claim arising under this contract or to any other person
not entitled to receive such documents.
However, a copy of any part or all of this contract so marked may be
furnished, or any information contained herein may be disclosed, to such
assignee upon the Contracting Officer’s prior written authorization.
(c) Any assignment under this contract shall
cover all amounts payable under this contract and not already paid, and shall
not be made to more than one party, except that any such assignment may be made
to one party as agent or trustee for two or more parties participating in such
financing. On each invoice or voucher
submitted for payment under this contract to which any assignment applies, and
for which direct payment thereof is to be made to an assignee, the Contractor
shall¾
(1) Identify the assignee by name and complete
address; and
(2) Acknowledge the validity of the assignment
and the right of the named assignee to receive payment in the amount invoiced
or vouchered.
(End of clause)
252.232-7009
Mandatory Payment by Governmentwide Commercial Purchase Card.
As prescribed in 232.1110, use the following clause:
MANDATORY PAYMENT BY GOVERNMENTWIDE
COMMERCIAL PURCHASE CARD (DEC 2006)
The Contractor agrees to accept the Governmentwide commercial purchase
card as the method of payment for orders or calls valued at or below the
micro-purchase threshold in Part 2 of the Federal Acquisition Regulation, under
this contract or agreement.
(End of clause)
252.232-7010 Levies on Contract Payments.
As prescribed in 232.7102, use the
following clause:
LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(a)
26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to
continuously levy up to 100 percent of contract payments, up to the amount of
tax debt.
(b) When a levy is imposed on a payment under
this contract and the Contractor believes that the levy may result in an
inability to perform the contract, the Contractor shall promptly notify the
Procuring Contracting Officer in writing, with a copy to the Administrative
Contracting Officer, and shall provide—
(1) The total dollar amount of the levy;
(2)
A statement that the Contractor believes
that the levy may result in an inability to perform the contract, including
rationale and adequate supporting documentation; and
(3) Advice as to whether the inability to perform
may adversely affect national security, including rationale and adequate
supporting documentation.
(c) DoD shall promptly review the Contractor’s
assessment, and the Procuring Contracting Officer shall provide a written
notification to the Contractor including–
(1) A statement as to whether DoD agrees that the
levy may result in an inability to perform the contract; and
(2)(i) If the levy may result in an inability to
perform the contract and the lack of performance will adversely affect national
security, the total amount of the monies collected that should be returned to
the Contractor; or
(ii)
If the levy may result in an inability to perform the contract but will
not impact national security, a recommendation that the Contractor promptly
notify the IRS to attempt to resolve the tax situation.
(d) Any DoD determination under this clause is
not subject to appeal under the Contract Disputes Act.
(End of clause)
252.232-7011 Payments in Support of Emergencies and Contingency Operations.
As prescribed in 232.908, use the following clause:
PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS (JUL 2010)
(a) Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.
(b) Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer.
(c) Invoice payments.
(1) Due date.
(i) Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice should include the items listed in paragraphs (c)(2)(i) through (c)(2)(x) of this clause.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (when required). The taxpayer identification number is required for all payees subject to the U.S. Internal Revenue Code.
(ix) Electronic funds transfer banking information.
(A) The Contractor shall include electronic funds transfer banking information on the invoice only if required elsewhere in this contract.
(B) If electronic funds transfer banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct electronic funds transfer banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.
(C) Electronic funds transfer banking information is not required if the Government waived the requirement to pay by electronic funds transfer.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(3) Discounts for prompt payment. The designated payment office will take cost-effective discounts if the payment is made within the discount terms of the contract.
(4) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(d) This clause is applicable until otherwise notified by the Contracting Officer. Upon notification by issuance of a contract modification, the appropriate FAR Prompt Payment clause in the contract becomes applicable.
(End of clause)