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SECTION 1. IDENTIFICATION INFORMATION - Complete items I through 6 in accordance with the following in si uctions:
ITEM I - TO - Enter the name and address of the contracting officer or his representative.
ITEM 2. FROM - CONTRACTOR'S WWF AND ADDRESS - Enter the same and mailing address ol the contractor.
ITEM... TOTAL CONTRACT PRICE - Enter the local contract price, . amended. If the contract provides for price redetermination, enter the initial price vocal changed; il the contract is of the incentive type, meer the targer price until changed, nor the ceiling or metimur price. For letter contraces. enter the mesimtom expenditwe authorized by the contract, as amended.
ITEM 3D - CONTRACT PRICE OF ITF US TO BE DE UVERED AND/OR ACCEPTED. Enter the total billing price of the undelivered its and/or of delivered items not yet accepred and invoiced under the contract.
ITEM CONTRACT NUMBER. Enter the number of the contract on which Progress payment is being requested.
ITEMS. INVOICE NUMUER AND DATE - Enter the owner and date of the invoice for the progress payments requested herein. If no invoice is submit red here with, Cocer "none".
ITEN 66. Enter the number assigned to this reques. All requests under . single contract must be numbered consecutively beginning with 1. Each sub sequent request under the same contract must continue in sequence the same scries of numbers without omission or duplication.
ITEM 6b. Enter the date of this reques.
ITEN 6c . Enter the amount of progress payment requested berein, which should not exceed the amount shown in item llc.
SECTIOV 1. GENERAL INSTRUCTIONS - DATES - Spaces de provided in the heading of Section 11 the catry of two dores. In the first pace, catei the date of the first incurrence of cour of performance of the kind eligible for progress payments under the contract. In the second space, enter the dare through which wuch costs have been accumulated for inclusion in this request and are therefore shown individually, as applicable item entries in Sections Il and 11.
ITEN 7.1. Il applicable, enter the rate used in computing general and administrative e cores and the computed dollar amount.
ITEM & Enter the percentage ligwe for progress payments kated in the Contract (Paragraph (a) (1) (1) of the uniform progress payment cloue.) and the computed dollar amount based on that perceatage, i.c., the coor puted dollar amount of the entry in Ice 7.
ITEMS AND 10. Make no entry unless the contract requires progres. payments to the contractor on account of progress payments to sub contractors. Include only progress payments on subcontracts which som for to the progress payment provisions of the prime contract.
ITEM... Enter only progress payments actually paid.
ITEN.D. Enter total progress payments recouped lrom subcontractors.
ITEM.d. Make no entry unless the prime contract specifies progress royments on account of unpaid subcontract progress payme at billinge which have been approved for current payment in the ordinary course of business. Include only such approved wepaid invoices.
ITER 10. Selterplanatory.
ITEM 11. Sell-explanatory.
ITEM 11.). Enter the percentage stated in the contract which limits See progress payments (Paragraph (a)(4) of the uniform progrese payment clause) which can be made and compute the dollar amount based on that percentage, i.e., the computed dolle amount of the entry
ITEN 11.c. Self-explanatory.
ITEMS 12 AND 13 . Self-explmstory.
LIMITED COSTS BASIS. Cenain contracts limit the progress payme a base to incwred costs of direct labor and/or direct material or other specified costa which are less than incured "Total costs". Then the contract includes such limitations only those cous eligible for progress payments under contract are to be identified and reported in Seccion u.
SECTION III - GENERAL INSTRUCTIONS . This section is to be coo pleted only when specifically requested by Government personeel re sponsible for administration of the contract. Completion of this section will be regue when the rate or quality of contract performance is not sajjars gepryhen there is reason to believe ther: () the cogna inval pos to the coetractor; or (b) insufficient costs nebeth Vodice delivered itens; or (c) outstanding progress pay.
tesd fair value of the work accomplished on the wudelitre period of the contract of (2) the applicable percentage of
y Jlocated to unfinished work.
SECTION UI. SPECIFIC INSTRUCTIONS
TOTAL COST BASIS . Certain contracts provide the programy
uded by the conwract. (For exclusions, see the progress payment cloure of the contract.)
ITEM 14. Of the costs reported in len 78. compute and enter only
ITEN IS . Self-explanatory.
MANUFACTURING AND PRODUCTION EXPENSE: GENERAL AND ADMINIS-
(NOTE: In correction with the final progress payment request on.
ITEM 16 - Enter the percentage stated in the coetract limiting unliquide
ITEM 17. Enter the corel billing price, usedjured, of iteros delivered,
ITEMS 18 AND 19. Sell-explanatory.
INCURRED COSTS INVOLVING SUBCONTRACTORS. if the incurred costs
ITEM 20. This entry is to be completed from the corrector's records.
SECTION 11. SPECIFIC INSTRUCTIONS
ITEM 7-CUS 73 ELIGIBLE UNDER PRGGRESS PAYMENT CLAUSE. Coela to be shown in items 7 through 78 are not to include advance payment, don payments, deposite, or progress payments made or to be made to subcontractors, suppliers or others.
ITEM 21. Self-explan wory.
ITEM 22... Self-explanatory.
ITEM 7 .. and b. Il applicable, enter the direct materid and direct labor costs.
ITEM 22. b. Enter the percentage stated in the contract, limiting w. liquidared progress payments to the percentage of the contract price of items which have not been delivered and accepted (Paragraph (a)(3)(ii) of the unifom propter payment claused
ITEM?. c. Il applicable, enter the rare used in computing manufacturing
ITEM 7.d. Enter the total of all other direct costs, Aleach snarare
ITEM 22.6. Sell-explanatory. (NOTE: 11 the entry in this item is less
ITEN 7... Self-coplanatory.
ITEM 23 - Sellerplanatory.
This subpart prescribes the policies and procedures relating to the assignment of claims of money due or to become due under Government contracts. § 1-30.701 General.
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), hereafter referred to in this Subpart 1–30.7 as the Act, permits the assignment to a bank, trust company, or other financing institution, including any Federal lending agency of moneys due or to become due from the United States under a contract providing for payments aggregating $1,000 or more, provided the conditions specified in the Act, as set forth in $ 1-30.702, are met. The Act further provides that an assignee receiving payment under an assignment is not, by reason of any liability of the assignor to the United States or any department or agency thereof, whether arising from or independently of the assigned contract, obligated or liable to make restitution, refund or repayment to the United States. Also, under the Act, the contracts of certain specified agencies, and other agencies designated by the President, may in time of war or national emergency, provide that payments made thereunder to an assignee shall not be subject to reduction or set-off for any liability of the assignor arising independently of the assigned contract. $1–30.702 Conditions governing
signment of claims. Moneys due or to become due from the United States, or any agency or department thereof under a contract, may be assigned under the following conditions:
(a) The contract provides for payments aggregating $1,000 or more:
(b) The payments are assigned to a bank, trust company, or other financing institution, including any Federal lending agency;
(c) The contract does not forbid assignment;
(d) Unless otherwise expressly permitted by the contract any assignment shall cover all amounts payable under the contract and not already paid, shall not be made to more than one party, and
shall not be subject to further assignment, except that any assignment may be made to one party as agent or trustee for two or more parties participating in the financing; and
(e) That in the event of any assignment, the assignee shall file written notice of the assignment, together with a true copy of the instrument of assignment with (1) the contracting oicer or the head of his department or agency; (2) the surety or sureties upon the bond or bonds, if any, in connection with the assigned contract; and (3) the disbursing officer, if any, designated in the assigned contract to make payment. 1-30.703 Contract clause-Assign
ment of Claims. The following clause shall be inserted in all contracts except it is not required to be used in construction contracts estimated not to exceed $10,000:
ASSIGNMENT OF CLAIMS (a) Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides for payments aggregating $1,000 or more, claims for moneys due or to become due the contractor from the Government under this contract may be assigned to a bank, trust company, or other financing Institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this contract, payments to assignee of any moneys due or to become due under this contract shall not, to the extent provided in said Act, as amended, be subject to reduction or setoff. (The preceding sentence applies only 11 this contract is made in time of war or national emergency as defined in said Act and is with the Department of Defense, the General Services Administration, the Atomic Energy Commission, the National Aeronautics and Space Administration, the Federal Aviation Agency, 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 simllar documents relating to work under this contract, 11 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 cops 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. § 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).
NOTICE OF ASSIGNMENT
Date To: (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.
Payments due or to become due after 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 truy yours,
(Name of addressee of this
notice) § 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. $ 1-30.706 Procedures upon receipt of
notice of assignment and instrument
of assignment. (a) Upon receipt of the four copies of notice of assignment, together with a true copy of the instrument of assignment, by an agency official other than the contracting officer such assignment documents should be immediately forwarded to the appropriate contracting officer of the procuring activity who should, in accordance with agency procedures:
(1) Notify the appropriate certifying or disbursing officer by memorandum of the pending assignment, and subsequently of its acknowledgment or refusal and return.
(2) Examine the notice of assignment and instrument of assignment, and the contract involved to determine that the assignment is in proper form, has been properly executed and that the contractor is empowered under the contract to make the assignment. The details concerning examination of the assignment documents are set forth in § 1-30.708.
(3) If satisfied that the assignment is in proper form, acknowledge receipt of the notice of the assignment in the space provided thereon and return three copies to the assignee.
(4) Provide the fourth copy of the notice of assignment duly acknowledged and the true copy of the instrument of assignment for filing with the contract.
(b) If, for any reason, the assignment is one which the contract does not authorize the contractor to make, or is not in proper form, or is not properly executed, the contracting officer should return the copies of the notice of assignment and the copy of the instrument of assignment to the assignee with an explanation of the objections to the proposed assignment. The acknowledgment form on the notice of assignment should not be executed. If, upon receipt of the notice of assignment and a copy of the instrument of assignment, it appears that considerable delay may occur before the notice of assignment can be acknowledged or returned unacknowledged, as the case may be, the contracting officer should advise the assignee that such a delay is likely to occur and should normally furnish the assignee a statement of the reasons for the delay. § 1-30.707 Further assignments and re
assignments. Contracts permitting the assignment of claims for moneys due or to become due thereunder also permit, under the clause prescribed in $ 1-30.703, such claims to be further assigned and reassigned by the assignee to another bank. trust company, or other financing institution, including any Federal lending agency. Copies of a written notice of further assignment and reassignment and the copy of the instrument of such further assignment and reassignment should be processed in the same manner as copies to the initial notice of assignment and instrument of initial assignment. The three acknowledged copies of the notice of further assignment or reassignment will be sent to the new assignee designated under the assignment thus acknowledged.
1-30.708 Examination of assignment.
In ascertaining that an assignment is in proper form, is properly executed, and is one that the contractor is entitled to make under the contract, contracting officers should satisfy themselves that:
(a) The contract has been duly executed and approved where necessary (see $ 1–2.407). Contractors frequently make assignments of claims for moneys
due or to become due under a contract, upon receipt of an advance notice of award, even though the contract has neither been executed nor approved. In such cases, the copies of notices of such assignment should be immediately returned to the assignee unacknowledged.
(b) The contract is one under which claims may be assigned under the provisions of the Act. In rare cases, SECRET or CONFIDENTIAL contracts will contain provisions prohibiting assignment of claims thereunder. It should be noted that assignment of claims under SECRET or CONFIDENTIAL contracts, permitting the assignment thereof, should not be acknowledged by contracting officers until adequate steps have been taken to protect the interest of the Government.
(c) The assignment covers all amounts payable under the contract, and not already paid, and is not made to more than one person, and the assignee is a bank, trust company, or other financing institution, including any Federal lending agency. In this connection the following should be noted:
(1) Most contracts provide (see clause prescribed in § 1-30.703) that any assignment of claims thereunder shall cover all amounts payable under the contract, and not already paid, and shall not be made to more than one party, except that assignment may be made to one party as agent or trustee for two or more parties participating in the financing of a contractor. However, under the Assignment of Claims Act there is authority for a contract to embody terms permitting assignment of only a part of the contractor's claims for moneys due or to become due, permitting assignment to more than one person. In the absence of contract provisions specifically authorizing such types of assignment, the assignments are unlawful. Because of the administrative burden on accounting and finance officers, partial assignments or assignments to more than one person, if permitted under a contract, should ordinarily be limited to cases where it is in the interest of the Government to do so, e.g., where the contractor is financially obligated to Government agencies and the assignment is made for protection of such Government agencies.
(2) Where the contract provides for advance payments, whether or not ad