AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 53 of 59
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(h) The Government s hall, without liabil ity, furni sh evidence appropriate t o establish exemption from a ny Federal, State, or l ocal tax whe n the Contractor requests such evidence and a reasonable basis exists to s ustai n the exempti on . I . 56 52 . 232- 17 INTEREST (J UN 1996) (a ) Except as otherwise provided in t his contract under a Price Reduction for Defective Cost or Pri cing Data clause or a Cost Accounti ng Standards c l ause, all amounts that become payabl e by t he Contractor to the Government under this contract (net of any applicabl e tax credit under the I nternal Revenue Code (26 U. S. C. 1481)) shal l bear simple interest from t he date due until pai d unless paid within 30 days of becoming due . The i nterest rate shal l be the interest rate established by t he Secretary of the Treasury as provided i n Section 12 of t he Contract Di sputes Act of 1978 (Public Law 95- 563 ) , which is applicabl e to the period i n whi ch t he amount becomes due , as provided i n paragraph (b) of this clause, and then at the rate appl icable for each six-month period as fixed by t he Secret ary unti l the amount is paid. (b) Amounts shal l be due at t he earliest of the f ollowing dates : (1 ) The date fixe d under this contract . (2 ) The date of the first wri tten demand for payment consistent with t his contract , i ncluding any demand resulti ng from a default termination . (3 ) The date the Gover nment t ransmits to the Contractor a proposed suppl ement a l agreement to confirm completed negotiations establishing the amount of debt . (4 ) If this contract provides for revision of prices , t he date of written notice to t he Contractor stat ing t he amount of refund payabl e in connection with a prici ng proposal or a negotiated pricing agreement not confirmed by contract modification . (c ) The interest charge made under this c l a use may be reduced under the procedures prescribed i n 32 . 614- 2 of the Federal Acquisition Regulation i n effect on the date of t his contract . (End of Cl ause) I . 57 52 . 232- 23 ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor , under t he Assi gnment of Clai ms Act , as amended, 31 U. S. C. 3727 , 41 U. S.C. 15 (hereafter referred to as "the Act "), may assign its rights to be paid amounts due or to become due as a result of t he performance of this contract to a bank, trust company, or other financi ng i nstitution, including any Federal lending agency . The assignee under such an assignment may thereafter further assign or reassign its r ight under t he ori ginal assignment to any type of financing institution described in the preceding sentence . (b) Any assignment or r eassignment authori zed under the Act and this clause shall cover all unpaid amounts payable under this contract , and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or t rustee for two or more parties participati ng in t he f i nancing of this contract . (c ) The Contractor s hall not f urnish or disclose to any assignee under t his contract any classified document (includi ng t his contract ) or information related to work under this contract until the Contracting Officer authorizes such action i n writing . (End of Cl ause) I . 58 52 . 232-28 INVITATION TO PROPOSE PERFORMANCE- BASED PAYMENTS (MAR 2000 ) (a ) The Government i nvites t he offerer to propose terms under which the Government will make per formance- based contract financ i ng payments duri ng contract performance . The Government wil l consider performance- based payment financi ng terms proposed by t he offerer in the eval uation of t he offerer ' ' s proposal . The Contracting Officer wi ll i ncorporate the financing terms of the successful offerer and the FAR c l ause, Performance- Based Payments , at FAR 52 . 232- 32, in any resulti ng contract . (b) In t he event of any conflict between the terms proposed by t he offerer and t he terms in the clause at FAR 52 . 232- 32 , Performance-Based Payments, the terms of t he clause at FAR 52 . 232- 32 s hall govern . PAGE 53 OF 59 HHM402-08-C-0072