AAWSAP Solicitation and Original Order, September 2008

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(c) The Contracting Officer wil l not accept the offeror ' ' s
proposed performance- based payment
financing if t he financing
does not confirm to t he following l imitations :
(1 ) The Government will make delivery payments only for
s upplies delivered and a ccepted , o r
services rendered
and accepted i n accordance with the payment terms of
t his contract .
(2) The terms and condi tions of t he performance- based
payments must-­
(i) Comply with FAR 32 . 1004 ;
(i i) Be reasonable and consistent wit h all other technical
and cost i nfor mat i on i ncluded in the
offeror ' ' s
proposal; and
(3) The t erms a nd conditions of t he performance-based
financing must be in the best i nterests of
t he
Government .
(iii ) Their total shall not e xceed 90 percent of the
contract pri ce i f on a whol e contract
basis, or 90
percent of t he delivery item price i f on a delivery item basis .
(d ) The offeror ' ' s proposal of performance-based payment
financing shall incl ude the following :
(1 ) The proposed contractua l language desc r ibi ng t he
performance- based payments (see FAR 32 . 1004
for
appropriate criteria for establishing performance bases and performance-based finance payment
amounts ).
(2 ) A listing of-­
(i ) The project performance-based payment dates and t he
pro ject payment amounts; and
(e ) Evaluation of the offerer ' ' s proposed prices and financing
terms will include whe t her the
offeror ' ' s proposed performance-based payment events and payment amounts are
reasonable and
consistent with al l other terms and conditi ons
of t he offerer ' ' s proposal .
(End of Provision )
(3) Information addressi ng the Cont ractor ' ' s investment in
t he contract .
(ii ) The projected delivery date and the projected payment
amount .
I . 59
52 . 233- 1
DISPUTES (JUL 2 0 02 )
(a) This contract is s ubject to the Contract Disputes Act of
1 978 , as amended (4 1 U.S . C. 601-613) .
(b) Except as provided i n the Act , all disputes arising under
or re l ating to this contract shall be
resol ved under t h i s clause .
(c ) "Claim," as used i n t his clause, means a written demand or
written assertion by one of the
contracting parti es seeki ng , as
a ma t ter of r i ght , the payment of money in a sum certain, t he
adjustment or i nterpretat i on of contract terms, or other relief arising under or relating to this
contract . However, a written
demand or wr itte n assert i on by the Contractor seek i ng the payment
of mone y exceeding $100 , 000 i s not a c l aim unde r t he Act unti l
certifi e d . A voucher, i nvoi ce, 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 u nder the Act , by compl yi ng with the submission a nd
certificati on
requirements of this clause, if it is disputed either as to liabili ty or amount or is
not acted upon i n a reasona ble t i me .
( d )
(1 ) A claim by the Contractor s hall be made i n writing and ,
unless otherwise stated i n t his
contract, submitted with in 6 years after accrual of the c lai m to the
Contracting Offi cer for a
written decision . A c l aim by t he Government against the Contractor shal l be subject to a written
decisi on by the Contracting Officer .
(2 )
(i) The Contractor shall provi de the certi fication specifi ed in paragraph (d) (2 ) (iii) of this
clause when submitting
a ny claim exceeding $100, 000 .
(ii) The certi ficat ion requirement does not apply t o i ssues in controversy that have not been
submitted as a l l or part of a claim.
(iii ) The certifi cation shal l state as follows :
" I cert ify that t he c lai m is made in good faith ; that the
supporting dat a are accurate and compl ete t o the best of my
knowledge and belief; that the amount requested accurat e ly
reflect s the contract adjustment for which the Contract or
believes the Government is liable; a nd t hat I am duly
a uthorized to certify the claim on behalf of the
Contractor ."
(3 ) The certification may be executed b y any person duly
authorized to bind t he Contractor with
respect to the claim.
(e ) Fo r Contractor claims of $100 , 000 or l ess , the Contract i ng
Officer must, if requested in
writing by the Contractor, render
a decision within 60 days of the request . For Contractor­
certifi e d claims over $100 , 000 , the Contracting Officer must,
wit hin 60 days, deci de the claim or
notify the Contractor of t he
date by which t he decision will be made .
(f) The Contracting Officer' ' s decisi on shall be f inal unl ess
the Contractor a ppea ls o r files a
s uit as provided in t he Act .
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