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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 19 Contract Number: GS -07F -0031W <br />(2) The Governmentwide commercial purchase card is not authorized as a method of payment <br />during any period the System for Award Management (SAM) indicates that the Contractor has <br />delinquent debt that is subject to collection under the Treasury Offset Program (TOP). <br />Information on TOP is available at http://fms.treas.gov/debt/ index.html. If the SAM <br />subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may <br />request the Contracting Officer to authorize payment by Governmentwide commercial purchase <br />card. <br />(b) Contractor payment request. <br />(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment <br />requests through a charge to the Government account with the third party, at the time and for the <br />amount due in accordance with those clauses of this contract that authorize the Contractor to <br />submit invoices, contract financing requests, other payment requests, or as provided in other <br />clauses providing for payment to the Contractor. <br />(2) When the Contracting Officer has notified the Contractor that the Governmentwide <br />commercial purchase card is no longer an authorized method of payment, the Contractor shall <br />make such payment requests in accordance with instructions provided by the Contracting Officer <br />during the period when the purchase card is not authorized. <br />(c) Payment. The Contractor and the third party shall agree that payments due under this contract shall <br />be made upon submittal of payment requests to the third party in accordance with the terms and <br />conditions of an agreement between the Contractor, the Contractor's financial agent (if any), and the <br />third party and its agents (if any). No payment shall be due the Contractor until such agreement is <br />made. Payments made or due by the third party under this clause are not payments made by the <br />Government and are not subject to the Prompt Payment Act or any implementation thereof in this <br />contract. <br />(d) Documentation. Documentation of each charge against the Government's account shall be provided <br />to the Contracting Officer upon request. <br />(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made <br />under this clause, then no payment under this contract shall be assigned under the provisions of the <br />assignment of claims terms of this contract or the Assignment of Claims Act of 1940 (31 U.S.C. 3727, <br />41 U.S.C. 6305). <br />(f) Other payment terms. The other payment terms of this contract shall govern the content and <br />submission of payment requests. If any clause requires information or documents in or with the <br />payment request, that is not provided in the third party agreement referenced in paragraph (c) of this <br />clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a <br />payment request. <br />52.233-1 DISPUTES (MAY 2014) <br />(a) This contract is subject to 41 U.S.0 chapter 71, Contract Disputes. <br />(b) Except as provided in 41 U.S.0 chapter 71, all disputes arising under or relating to this contract <br />shall be resolved under this clause. <br />(c) "Claim as used in this clause, means a written demand or written assertion by one of the contracting <br />parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or <br />interpretation of contract terms, or other relief arising under or relating to this contract. However, a <br />written demand or written assertion by the Contractor seeking the payment of money exceeding <br />$100,000 is not a claim under 41 U.S.0 chapter 71 until certified. A voucher, invoice, or other routine <br />request for payment that is not in dispute when submitted is not a claim under 41 U.S.0 chapter 71. The <br />submission may be converted to a claim under 41 U.S.0 chapter 71, by complying with the submission <br />Page: 38 of 216 <br />125 <br />