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TOTAL COST BASIS. Certain acto provide the bere will be terdiacred cou.. le sue case for penure incorredise perferesace of the catac
alle. " Come to the contrace, condiment with muda in principles and practices, and which are set oh
ded by the com voce (Ferenclusions, the pers. pyral eledol the contract. )
ITEM 14. of the couponed in kee . compue esde only cou. which are applicable lens delivered, invoiced and accepted to the applicable dare. In arder el preferree, these comme compuedes the basis of one of the following: (*) the actual wait con olem delivered, giving paper considermise to the determeer of the aaring lend con () projected and can be aperienced cool.. ph. colimatod ceste to complete the contracts where the reo Free IRIS con dars which will clearly establish the reliability of suche nineteen (e) the walcune point of in delivered
ITEN 15 Seitenplanerary
MANUFACTURING AND PRODUCTION EXPENSE. GENERAL AND ADMINIS TRATIVE EXPENSE - Unde censin condition, digible in ured CONI clude menelastung und production repensaad general and admisi erative capesies which have been incurred las pelesace of the count which are C able, allocate to the contract, drei Steal with dad orally accopied *COUTS I principles and partice..
(NOTE: In conochen with the first progres nyrent request . contract, each an explanation of the mothed. Mes endrored weed in determining the e n el cach of the two types of opens... 11 the method, MS poreda veed to computing the sponses of for in bovent repeate for pregro.. r ente nder the contract ollach en plenaria of changes to the pregro. Ponent r. fest invalved.)
INCURRED COSTS INVOLVING SUBCONTRACTORS. If the income eligible fer proper poyears under the correct include costa whose lavoices of boatractor, upphere and others the portion of the con reputed on the anal och invoices en ly include eest for: (1) completed ca . hich the prime case has acquired tile(2)
lo delivered to sbich the prime contactoba mqwred ude; (%) sernice. readmed; and (4) combled under con reibwaren er time and MER d ecesurect for to which the per contractor bas acquired tile.
ITEN 10. This retry is to be completed from the contractor recardı. I looke ord of all to which have bees were be applied from previou. Mülaps redare owneding progress pymore, including
onts, if soy, el peyecara OT NER the there applied from previous billing.. (NOTE: If the entry includes redor long affected by means other than three movie billing.. srechtlement des detailo thereel)
SECTION 1. SPECIFIC INSTRUCTIONS ITE . COSTS ELCIBLE UNDER PROGRESS PAYMENT CLAUSE. Cote
be who is ien. 7 through we are include advance poyees, do poeente, deposite, or propre.. payments de sole Mele obce Hac , appliere er here.
ITEM 22.. Earn the percentage wated in the contract, lisiting liquidered progress post to the percentage of the contract price of in. skich bare no been delisted ad accepied (Prograph ( 0) of the store progress pyl Eloure
ITEM 22.6. Sellesplenstory. (NOTE: If the entry in this bromiales Then the only in flex 21, there has mon on erpermont which required adjustment)
ing institution, including any Federal lending agency;
(c) The contract does not forbid asSubpart 1-30.7-Assignment of signment; Claims
(d) Unless otherwise expressly per
mitted by the contract any assignment § 1-30.700 Scope of subpart.
shall cover all amounts payable under This subpart prescribes the policies
the contract and not already paid, and procedures relating to the assign
shall not be made to more than one
party, and shall not be subject to furment of claims of money due or to
ther assignment, except that any as. become due under Government contracts.
signment may be made to one party as
agent or trustee for two or more par§ 1-30.701 General.
ties participating in the financing; and
(e) That in the event of any assignThe Assignment of Claims Act of
ment, the assignee shall file written 1940, as amended, 54 Stat. 1029, 65
notice of the assignment, together Stat. 41 (31 U.S.C. 203, 41 U.S.C. 15),
with a true copy of the instrument of hereafter referred to in this Subpart
assignment with (1) the contracting 1-30.7 as the Act, permits the assign
officer or the head of his department ment to a bank, trust company, or
or agency; (2) the surety or sureties other financing institution, including
upon the bond or bonds, if any, in conany Federal lending agency of moneys
nection with the assigned contract; due or to become due from the United
and (3) the disbursing officer, if any, States under a contract providing for
designated in the assigned contract to
designated in the payments aggregating $1,000 or more,
make payment. provided the conditions specified in the Act, as set forth in § 1-30.702, are $ 1-30.703 Contract clause-assignment of met. The Act further provides that an claims. assignee receiving payment under an
The following clause shall be insertassignment is not, by reason of any lia
ed in all contracts except it is not rebility of the assignor to the United
quired to be used in construction conStates or any department or agency
tracts estimated not to exceed $10,000: thereof, whether arising from or independently of the assigned contract, ob
ASSIGNMENT OF CLAIMS ligated or liable to make restitution,
(a) Pursuant to the provisions of the Asrefund or repayment to the United
signment of Claims Act of 1940, as amended States. Also, under the Act, the con (31 U.S.C. 203, 41 U.S.C. 15), if this contract tracts of certain specified agencies, provides for payments aggregating $1,000 or and other agencies designated by the more, claims for moneys due or to become President, may in time of war or na
due the Contractor from the Government tional emergency, provide that pay.
under this contract may be assigned to a
bank, trust company, or other financing inments made thereunder to an assignee
stitution, including any Federal lending shall not be subject to reduction or
agency, and may thereafter be further asset-off for any liability of the assignor
signed and reassigned to any such instituarising independently of the assigned tion. Any such assignment or reassignment contract.
shall cover all amounts payable under this
contract and not already paid, and shall not § 1-30.702 Conditions governing assign be made to more than one party, except ment of claims.
that any such assignment or reassignment
may be made to one party as agent or trust. Moneys due or to become due from ee for two or more parties participating in the United States, or any agency or such financing. Unless otherwise provided department thereof under a contract, in this contract, payments to an assignee of may be assigned under the following any moneys due or to become due under conditions:
this contract shall not, to the extent pro
vided in said Act, as amended, be subject to (a) The contract provides for pay.
reduction or setoff. (The preceding sentence ments aggregating $1,000 or more;
applies only if this contract is made in time (b) The payments are assigned to a of war or national emergency as defined in bank, trust company, or other financ- said Act and is with the Department of De
Payments due or to become due under such contract should be made to the undersigned assignee.
Please return to the undersigned the three enclosed copies of this notice with appropriate notations showing the date and hour of receipt, and duly signed by the person.
Receipt is hereby acknowledged of the addressee.
Very truly yours,
(Name of assignee)
fense, the General Services Administration, the Energy Research and Development Administration, the National Aeronautics and Space Administration, the Federal Aviation Administration, or any other department or agency of the United States designated by the President pursuant to Clause 4 of the proviso of section 1 of the Assignment of Claims Act of 1940, as amended by the Act of May 15, 1951, 65 Stat. 41.)
(b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked “Top Secret,” "Secret,” or “Confidential,” be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive the same. However, a copy of any part or all of this contract so marked may be furnished, or any information contained therein may be disclosed, to such assignee upon the prior written authorization of the Contracting Officer.
The last two sentences of paragraph (a) of the foregoing clause shall be deleted from contracts entered into with foreign contractors and may, in accordance with agency procedures, be deleted in other cases where special circumstances make it advisable in the best interests of the Government. [41 FR 19317, May 12, 1976)
(Signature of signing
officer) Title(Title of signing officer)
(Address of assignee)
ACKNOWLEDGMENT Receipt is hereby acknowledged of the above notice and a copy of the above-mentioned instrument of assignment. These were received at ----a.m. (p.m.) on -----, 19—-.
$ 1-30.704 Forms for assignment and
notice of assignment. There are no forms prescribed for use as an instrument of assignment or as a notice of assignment; however, the following is a suggested format for use by the assignee in providing the notice of the assignment as required by $ 1-30.702(e).
On behalf of
(Name of addressee
of this notice)
NOTICE OF ASSIGNMENT
DateTo: (Address to one of the parties specified
in § 1-30.702(e)) This has reference to Contract No. -dated -- --, entered into between (contractor's name and address) and (Government Agency, Name of Office, and address), for (describe nature of the contract).
PLEASE TAKE NOTICE that moneys due or to become due under the contract described above have been assigned to the undersigned pursuant to the provisions of the Assignment of Claims Act of 1940, as amended, 54 Stat. 1029; 65 Stat. 41 (31 U.S.C. 203, 41 U.S.C. 15).
A true copy of the instrument of assignment executed by the contractor on --(Date) is attached to the original hereof.
§ 1-30.705 Filing notice of assignment and
the instrument of assignment. The assignee should address a notice of assignment to each of the parties specified in $ 1-30.702(e) and file with each party four signed copies of the notice, together with one true copy of the instrument of assignment (a certified true duplicate or a photostatic copy of the original). If a disbursing officer is not designated in the contract to make payment, it is not necessary that the notice be filed with any agency or department official other than the contracting officer or the head of his department or agency.
81-30.706 Procedures upon receipt of furnish the assignee a statement of
notice of assignment and instrument of the reasons for the delay. assignment.
$ 1-30.707 Further assignments and reas (a) Upon receipt of the four copies
signments. of notice of assignment, together with
Contracts permitting the assignment a true copy of the instrument of as
of claims for moneys due or to become signment, by an agency official other than the contracting officer such as
due thereunder also permit, under the signment documents should be imme
clause prescribed in § 1-30.703, such diately forwarded to the appropriate
claims to be further assigned and reascontracting officer of the procuring
signed by the assignee to another activity who should, in accordance
bank, trust company, or other financwith agency procedures:
ing institution, including any Federal (1) Notify the appropriate certifying
lending agency. Copies of a written or disbursing officer by memorandum
notice of further assignment and reasof the pending assignment, and subse
signment and the copy of the instruquently of its acknowledgment or re
ment of such further assignment and fusal and return.
reassignment should be processed in (2) Examine the notice of assign
the same manner as copies to the ini. ment and instrument of assignment,
tial notice of assignment and instruand the contract involved to determine
ment of initial assignment. The three that the assignment is in proper form,
acknowledged copies of the notice of has been properly executed and that
further assignment or reassignment the contractor is empowered under the
will be sent to the new assignee desigcontract to make the assignment. The
nated under the assignment thus acdetails concerning examination of the
knowledged. assignment documents are set forth in § 1-30.708.
§ 1-30.708 Examination of assignment. (3) If satisfied that the assignment is In ascertaining that an assignment is in proper form, acknowledge receipt of in proper form, is properly executed, the notice of the assignment in the and is one that the contractor is entispa
ce provided thereon and return tled to make under the contract, conthree copies to the assignee.
tracting officers should satisfy them(4) Provide the fourth copy of the selves that: notice of assignment duly acknowl (a) The contract has been duly exedged and the true copy of the instru. ecuted and approved where necessary ment of assignment for filing with the (see § 1-2.407), Contractors frequently contract.
make assignments of claims for (b) If, for any reason, the assign- moneys due or to become due under a ment is one which the contract does contract, upon receipt of an advance not authorize the contractor to make, notice of award, even though the conor is not in proper form, or is not prop- tract has neither been executed nor erly executed, the contracting officer approved. In such cases, the copies of should return the copies of the notice notices of such assignment should be of assignment and the copy of the in- immediately returned to the assignee strument of assignment to the assign- unacknowledged. ee with an explanation of the objec- (b) The contract is one under which tions to the proposed assignment. The claims may be assigned under the proacknowledgment form on the notice of visions of the Act. In rare cases, assignment should not be executed. If, SECRET or CONFIDENTIAL conupon receipt of the notice of assign- tracts will contain provisions prohibitment and a copy of the instrument of ing assignment of claims thereunder. assignment, it appears that consider It should be noted that assignment of able delay may occur before the notice claims under SECRET or CONFIDENof assignment can be acknowledged or TIAL contracts, permitting the assignreturned unacknowledged, as the casement thereof, should not be acknowl. may be, the contracting officer should edged by contracting officers until advise the assignee that such a delay adequate steps have been taken to prois likely to occur and should normally tect the interest of the Government.
(c) The assignment covers all (ii) The contracting officer obtains amounts payable under the contract, from the assignee an agreement that and not already paid, and is not made the assignee will pay to the contractor to more than one person, and the as all amounts which may be received by signee is a bank, trust company, or the assignee and which the contractor other financing institution, including is obligated by the contract to deposit any Federal lending agency. In this in its special advance payment bank connection the following should be account. In special cases, additional noted:
documents signed by the contractor, (1) Most contracts provide (see or the assignee, or both, thought necclause prescribed in § 1-30.703) that essary by the contracting officer to any assignment of claims thereunder protect the interests of the Governshall cover all amounts payable under ment against the assignee, may be rethe contract, and not already paid, quired by the contracting officer. and shall not be made to more than one party, except that assignment
Assignments such as those referred to may be made to one party as agent or
in this $ 1-30.708(c)(2) are subordinate trustee for two or more parties partici
to the rights of the Government pating in the financing of a contrac
against the contractor under the cotor. However, under the Assignment of
tract involved. For the foregoiso Claims Act there is authority for a
reason such assignments are not co contract to embody terms permitting
sidered to be assignments of less tha, assignment of only a part of the con
all amounts payable under the cor tractor's claims for moneys due or to
tract nor assignments to more than become due, permitting assignment to one person. more than one person. In the absence
(d) The assignment shall cover onlu of contract provisions specifically au
claims for moneys due or to become thorizing such types of assignment, due under the contract involved. It the assignments are unlawful. Because
must not cover any of the obligations of the administrative burden on ac
or duties of the contractor under the counting and finance officers, partial
contract. The contracting officer shall assignments or assignments to more be sure that the copy of the instruthan one person, if permitted under a ment of assignment which is submitcontract, should ordinarily be limited
ted to him is a duplicate of the origito cases where it is in the interest of nal instrument, or has been certified the Government to do so, e.g., where as a true copy, acknowledged as such the contractor is financially obligated before a notary public or other officer to Government agencies and the as authorized by law to administer oaths. signment is made for protection of Care shall also be taken to ascertain such Government agencies.
that the assignment has been properly (2) Where the contract provides for executed. advance payments, whether or not ad (1) Assignments by corporations vance payments have actually been should be executed by an authorized made to the contractor, notice of as representative, attested by the secresignment shall not be acknowledged tary or assistant secretary of the corunless:
poration, with the seal of the corpora(i) The assignment expressly recites tion impressed upon the assignments that the rights of the assignee are sub or in lieu of such seal, accompanied by ordinate to the rights of the Govern a certified copy of a resolution of the ment;
corporation board of directors autho(A) To withhold from the contractor rizing the representative involved to amounts required to liquidate advance execute the assignment. payments; and
(2) If the contractor is a partnership, (B) To have deposited in the con- the instrument of assignment may be tractor's special advance payment signed by one partner, provided it is bank account (see § 1-30.414) all accompanied by a duly acknowledged moneys payable to the contractor certificate to the effect that the signer which the contract requires the con is a general partner of the partnertractor to deposit in that account; and ship.