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lotter on DSK11XQN23PROD with RULES1

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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.2331, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
e Definitions. The clause at FAR 52.202
1, Definitions, is incorporated herein by reference.
f Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
g Invoice. 1 The Contractor shall submit an original invoice and three copies or electronic invoice, if authorized to the address designated in the contract to receive invoices. An invoice must include i Name and address of the Contractor;
ii Invoice date and number;
iii Contract number, line item number and, if applicable, the order number;
iv Description, quantity, unit of measure, unit price and extended price of the items delivered;
v Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
vi Terms of any discount for prompt payment offered;
vii Name and address of official to whom payment is to be sent;
viii Name, title, and phone number of person to notify in event of defective invoice;
and ix Taxpayer Identification Number TIN.
The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
x Electronic funds transfer EFT banking information.
A The Contractor shall include EFT
banking information on the invoice only if required elsewhere in this contract.
B If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause e.g., 52.23233, Payment by Electronic Funds TransferSystem for Award Management, or 52.23234, Payment by Electronic Funds TransferOther Than System for Award Management, or applicable agency procedures.

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C EFT banking information is not required if the Government waived the requirement to pay by EFT.
2 Invoices will be handled in accordance with the Prompt Payment Act 31 U.S.C.
3903 and Office of Management and Budget OMB prompt payment regulations at 5 CFR
part 1315.
h Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
i Payment1 Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
2 Prompt payment. The Government will make payment in accordance with the Prompt Payment Act 31 U.S.C. 3903 and prompt payment regulations at 5 CFR part 1315.
3 Electronic Funds Transfer EFT. If the Government makes payment by EFT, see 52.2125b for the appropriate EFT clause.
4 Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
5 Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall i Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the A Circumstances of the overpayment e.g., duplicate payment, erroneous payment, liquidation errors, dates of overpayment;
B Affected contract number and delivery order number, if applicable;
C Affected line item or subline item, if applicable; and D Contractor point of contact.
ii Provide a copy of the remittance and supporting documentation to the Contracting Officer.
6 Interest. i All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in i6v of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
ii The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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iii Final decisions: The Contracting Officer will issue a final decision as required by 33.211 if A The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30
days;
B The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;
or C The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer see 32.6072.
iv If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
v Amounts shall be due at the earliest of the following dates:
A The date fixed under this contract.
B The date of the first written demand for payment, including any demand for payment resulting from a default termination.
vi The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on A The date on which the designated office receives payment from the Contractor;
B The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or C The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
vii The interest charge made under this clause may be reduced under the procedures prescribed in 32.6082 of the Federal Acquisition Regulation in effect on the date of this contract.
j Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
1 Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or 2 Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
k Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
l Termination for the Governments convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.
Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
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