part ii - contract clauses

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DE-AC05-00OR22725 Modification No. 341 Section I I.150 970.5232-1 REDUCTION OR SUSPENSION OF ADVANCE, PARTIAL, OR PROGRESS PAYMENTS (DEC 2000) (a) (b) The contracting officer may reduce or suspend further advance, partial, or progress payments to the contractor upon a written determination by the Senior Procurement Executive that substantial evidence exists that the contractor's request for advance, partial, or progress payment is based on fraud. The contractor shall be afforded a reasonable opportunity to respond in writing. I.151 970.5232-2 PAYMENTS AND ADVANCES (DEC 2000)-ALTERNATE II AND ALTERNATE III (DEC 2000) (DEVIATION) (a) (b) (Deviation) Payment of Total available fee: Base Fee and Performance Fee. The base fee amount, if any, is payable in equal monthly installments. Total available fee amount earned is payable following the Government's Determination of Total Available Fee Amount Earned in accordance with the clause of this contract entitled “Total Available Fee: Base Fee Amount and Performance Fee Amount.” Base fee amount and total available fee amount earned payments shall be made by direct payment or withdrawn from funds advanced or available under this contract, as determined by the contracting officer. The contracting officer may offset against any such fee payment the amounts owed to the Government by the contractor, including any amounts owed for disallowed costs under this contract. No base fee amount or total available fee amount earned payment may be withdrawn against the payments cleared financing arrangement without the prior written approval of the contracting officer. Notwithstanding the above, the Contractor is authorized to provisionally withdraw, on the last working day of each month, against the payments cleared financing arrangement, one-twelfth (1/12) of eighty percent (80%) of the ninety (90) percent annual available fee amount. Following the Government’s Determination of Total Available Fee Amount Earned, the Contractor is authorized to withdraw within fifteen (15) days any amount of earned fee over the amount previously paid on a provisional basis from the payments cleared financing arrangement. In the event the Government’s Determination of Total Available Fee Amount Earned results in an overpayment to the Contractor, such overpayment shall be redeposited to the payments cleared financing arrangement within fifteen (15) days, or otherwise used as directed by the Contracting Officer. Payments on Account of Allowable Costs. The contracting officer and the contractor shall agree as to the extent to which payment for allowable costs or payments for other items specifically approved in writing by the contracting officer (for example, negotiated fixed amounts) shall be made from advances of Government funds. When pension contributions are paid by the contractor to the retirement fund less frequently than quarterly, accrued costs therefor shall be DE-AC05-00OR22725 Section I—Page 252 of 276
DE-AC05-00OR22725 Modification No. 341 Section I excluded from costs for payment purposes until such costs are paid. If pension contribution are paid on a quarterly or more frequent basis, accrual therefor may be included in costs for payment purposes, provided that they are paid to the fund within 30 days after the close of the period covered. If payments are not made to the fund within such 30-day period, pension contribution costs shall be excluded from cost for payment purposes until payment has been made. (c) (d) (e) Special financial institution account-use. All advances of Government funds shall be withdrawn pursuant to a payments cleared financing arrangement prescribed by DOE in favor of the financial institution or, at the option of the Government, shall be made by direct payment or other payment mechanism to the contractor, and shall be deposited only in the special financial institution account referred to in the Special Financial Institution Account Agreement, which is incorporated into this contract as Appendix F. No part of the funds in the special financial institution account shall be commingled with any funds of the contractor or used for a purpose other than that of making payments for costs allowable and, if applicable, fees earned under this contract, negotiated fixed amounts, or payments for other items specifically approved in writing by the contracting officer. If the contracting officer determines that the balance of such special financial institution account exceeds the contractor's current needs, the contractor shall promptly make such disposition of the excess as the contracting officer may direct. Title to funds advanced. Title to the unexpended balance of any funds advanced and of any special financial institution account established pursuant to this clause shall remain in the Government and be superior to any claim or lien of the financial institution of deposit or others. It is understood that an advance to the contractor hereunder is not a loan to the contractor, and will not require the payment of interest by the contractor, and that the contractor acquires no right, title or interest in or to such advance other than the right to make expenditures therefrom, as provided in this clause. Financial settlement. The Government shall promptly pay to the contractor the unpaid balance of allowable costs (or other items specifically approved in writing by the contracting officer) and fee upon termination of the work, expiration of the term of the contract, or completion of the work and its acceptance by the Government after: (1) Compliance by the contractor with DOE's patent clearance requirements, and (2) The furnishing by the contractor of: (i) An assignment of the contractor's rights to any refunds, rebates, allowances, accounts receivable, collections accruing to the contractor in connection with the work under this contract, or other credits applicable to allowable costs under the contract; DE-AC05-00OR22725 Section I—Page 253 of 276
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I.4 52.203-6 RESTRICTIONS ON SUBCON
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I.44 52.222-20 WALSH-HEALEY PUBLIC
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(6) Disseminate the Contractor's eq
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