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 (2) If this contract provides for contract financing, requests
for Payment shall be submitted to the designated billing office as
specified in this contract or as directed by the Contracting Officer.
Contract financing payments shall be made on the (insert day as prescribed
by Agency head; if not prescribed, insert 30th day) day after receipt of a
proper contract financing request by the designated billing office. In the
event that an audit or other review of a specific financing request is
required to ensure compliance with the terms and conditions of the
contract, the designated payment office is not compelled to make payment by
the due date specified. For advance payments, loans, or other arrangements
that do not involve recurrent submissions of contract financing requests,
Payment shall be made in accordance with the corresponding contract terms
or as directed by the Contracting Officer. Contract financing payments
shall not be assessed an interest penalty for payment delays.
43.
FAR 52.233-1, DISPUTES (DEC l991) - ALTERNATE I (DEC 1991)
(a) This contract is subject to the Contract Disputes Act of 1978, as
amended (41 U.S.C. 601-613).
(b) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or written
assertion by one of the contracting parties seeking, as a matter of right.
the payment of money in a sum certain, the adjustment or interpretation
contract terms, or other relief arising under or relating to this contract.
A claim arising under a contract, unlike a claim relating to that contract,
is a claim that can be resolved under a contract clause that provides for
the relief sought by the claimant. However, a written demand or written
assertion by the Contractor seeking the payment of money exceeding $50,000
is not a claim under the Act until certified as required by subparagraph
(d) (2) below. A voucher, invoice, or other routine request for payment
that is not in dispute when submitted is not a claim under the Act. The
submission may be converted to a claim under the Act, by complying with the
submission and certification requirements of this clause, if it is disputed
either as to liability or amount or is not acted upon in a reasonable time.
(1) A claim by the Contractor shall be made in writing and
(d)
A claim by
submitted to the Contracting Officer for a written decision.
the Government against the Contractor shall be subject to a written.
decision by the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the Contractor shall
submit with the claim a certification that--
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best
of the Contractor's knowledge and belief; and
(iii) The amount requested accurately reflects the contract
adjustment for which the Contractor believes the Government is liable.
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