(Revised
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.
252.232-7004 DoD Progress Payment Rates.
252.232-7005 Reimbursement of Subcontractor Advance Payments--DoD Pilot Mentor-Protege Program.
252.232-7006 Alternate A.
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.
252.232-7000 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.
As prescribed in 232.7004, use the following clause:
ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (JAN 2004)
(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
one of the electronic forms provided for in paragraph (b) of this clause.
(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 using one of the following
electronic forms:
(1) Wide Area WorkFlow-Receipt
and Acceptance (WAWF-RA). Information regarding WAWF-RA
is available on the Internet at https://wawf.eb.mil.
(2) Web Invoicing System (WInS). Information regarding WInS
is available on the Internet at https://ecweb.dfas.mil.
(3) American National Standards Institute (ANSI)
X.12 electronic data interchange (EDI) formats.
(i) Information
regarding EDI formats is available on the Internet at http://www.X12.org.
(ii) EDI implementation guides are available on
the Internet at http://www.dfas.mil/ecedi.
(4) Another electronic form authorized by the
Contracting Officer.
(c) If the Contractor is unable to submit a payment
request in electronic form, or DoD is unable to
receive a payment request in electronic form, the Contractor shall submit the
payment request using a method mutually agreed to by the Contractor, the
Contracting Officer, the contract administration office, and the payment
office.
(d) 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)
ALTERNATE A (DEC 2003)
As prescribed in 232.111(b), substitute the following paragraph (a)(2) for paragraph (a)(2) of the clause at FAR 52.232-7:
(a)(2) The Administrative Contracting Officer (ACO) may unilaterally issue a contract modification
requiring the Contractor to withhold amounts from its billings until a reserve
is set aside in an amount that the ACO considers
necessary to protect the Government’s interests. The ACO may
withhold 5 percent of the amounts due under this paragraph (a), but the total
amount withheld shall not exceed $50,000.
The amounts withheld shall be retained until the Contractor executes and
delivers the release required by paragraph (f) of this clause.
252.232-7007 Limitation of Government’s obligation.
As prescribed in 232.705-70, use the following clause:
LIMITATION OF GOVERNMENT’S
OBLIGATION (AUG 1993)
(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 (i)
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 will not be obligated 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 (i) 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 (i) 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 (i) 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) The parties contemplate that the Government
will allot funds to this contract in accordance with the following schedule:
On
execution of contract |
$
________ |
(month)
(day), 199x |
$
________ |
(month)
(day), 199y |
$
________ |
(month)
(day), 199z |
$
________ |
(End of clause)
ALTERNATE I (AUG 1993).
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 (i) 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 (JUL 2000)
The Contractor agrees to
accept the Governmentwide commercial purchase card as
the method of payment for orders or calls valued at or below $2,500 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 (SEP 2005)
(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 levy will jeopardize contract performance, the Contractor
shall promptly notify the Procuring Contracting Officer and provide—
(1) The total dollar amount of the levy;
(2) A statement that the levy will jeopardize
contract performance, 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 provide a notification to the
Contractor including–
(1)
A statement as to whether DoD agrees that the
levy jeopardizes contract performance; and
(2)
If the levy jeopardizes contract performance 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
(3)
If the levy jeopardizes contract performance 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)