1453.303-DI-83 Department of the Interior, Form DI-83, Notice of Assignment. 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 under such contract shall be made to the undersigned assignee. Receipt is hereby acknowledged of the above Notice and a copy of the instrument of assignment. These were received INSTRUCTIONS Under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), moneys due or to become due from the United States under a contract providing for payments aggregating $1,000 or more may be assigned to a bank, trust company, Federal lending agency, or other recognized financing institution in the absence of a contract provision forbidding assignment. Unless otherwise permitted by the contract: (1) an assignment must cover all further amounts payable under the contract; (2) shall not be subject to further assignment; and (3) shall not be made to more than one party, except that assignment may be made to one party acting as agent or trustee for two or more parties participating in the financing. The assignee is required to provide a notice of assignment to the Contracting Officer; to the surety, if there is one; and to the disbursing officer, if any, designated in the contract to make payments. In order to avoid possible invalidity of ar assignment, and to provide a notice of assignment to all parties concerned, the following instructions should be followed carefully: 1. Assignee: (a) Send an original and two copies of this Notice of Assignment (DI-83), together with one true copy* of an instrument of assignment **, to the Contracting Officer. (b) Send by certified mail, return receipt requested, another original and three copies of this Notice of Assignment, together with one true copy of the instrument of assignment, to the surety--if bond(s) were provided by a surety under the contract. (See Instruction 4 below for additional required action by assignee.) 2. Contracting Officer: (a) Acknowledge receipt of this Notice of Assignment on the original and all copies. (b) Forward one acknowledged copy of this Notice of Assignment plus the true copy of the instrument of assignment to the appropriate finance officer. (c) Return one acknowledged copy of this Notice of Assignment to the assignee. (d) Retain the original Notice of Assignment. 3. Surety: (a) Acknowledge receipt of this Notice of Assignment on the original and all copies. (b) Return three acknowledged copies of this Notice of Assignment to the assignee. (c) Retain the original Notice of Assignment and the true copy of the instrument of assignment. 4. Assignee: (a) Retain one copy of this Notice of Assignment acknowledged by the surety. (b) Forward two copies of this Notice of Assignment acknowledged by the surety, to the Contracting Officer. If the surety has refused to acknowledge receipt of this Notice of Assignment, the assignee must prepare an affidavit to that effect, attach the postal return receipt which covered the mailing of this Notice of Assignment to the surety, and forward them to the Contracting Officer. 5. Contracting Officer: (a) Retain either the affidavit and postal receipt from the assignee or one of the copies of this Notice of Assignment acknowledged by the surety. (b) Forward a copy of the affidavit, or the copy of this Notice of Assignment acknowledged by the surety to the appropriate finance officer. * A true copy of an instrument of assignment may be a otherwise, if it is accurate and complete in all **DI-84 completed, may be used as the instrument of 1453.303-DI-84 Department of the Interior, Form DI-84, Instrument of Assignment. KNOW ALL MEN THAT pursuant to the provisions of the Assignment of Claims Act of 1940 as amended (31 U.S.C. 203, 41 U.S.C. 15), for value received, the undersigned Assignor (Contractor) does hereby assign irrevocably unto of as Assignee, all right, title, and interest in all moneys now due or to become due from, and not already paid by the United States of America under Contract No. dated for previously entered into by and between the United States of America and the Assignor. The Assignor states that no previous assignment has been made, and no additional assignment will be made under the said contract; and authorizes payment of moneys now due or to become due to be made by checks drawn to the order of the said Assignee. IN WITNESS WHEREOF, The undersigned Assignor has caused this assignment to be executed this day who, being by me duly sworn, duly acknowledged the execution of the above assignment to be his voluntary act and deed. the said corporation, acting for and on its behalf by authority of its governing body. of the who executed this of 1453.303-DI-137 Department of the Interior, Form DI-137, Release of Claims. entered into by the United States of America, hereinafter also referred to as the United States, and the contractor whose name appears on the contract as it is provided that after completion of all work, and prior to final payment, the contractor will furnish the United States with a release of all claims; NOW, THEREFORE, in consideration of the above premises and the payment by the United States to the contractor of the amount now due under the contract, to wit, the sum of (S dollars ), the contractor hereby remises, releases, and forever discharges the United States, its officers, agents, and employees, of and from all manner of debts, dues, liabilities, obligations, accounts, claims, and demands whatsoever, in law and equity, under or by virtue of the said contract except: of said corporation; and signed this release on behalf of the corporation, was then that said release was duly signed for and on behalf of said corporation by cuthority of its governing body. [SEAL] (Signature) U.S. GOVERNMENT PRINTING OFFICE: 1973-728-818/1364 34 DI-137 (Rev. August 1972) |