John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 53 of 59

Page 53 of 59 of DOW-UAP-D111

Text

This text came with the file. It may have mistakes. When the text and the image disagree, the image is right.

(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