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<br />~ UNITEDSTIJTES
<br />U POSTIJL SERVICE.
<br />
<br />General Conditions to USPS Lease
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<br />interruption of service as described above. Accordingly, systems must
<br />permit user-programmed date changes sufficient to simulate time
<br />periods beginning with any future date, including without limitation
<br />December 3t, t999, Nothing in this warranty may be construed to limit
<br />any rights or remedies the Postal Service may otherwise have under this
<br />contract with regard to Year 2000 compliance or any other defects or
<br />failures.
<br />
<br />A.13 CLAIMS AND DISPUTES
<br />a, This contract is subject to the Contract Disputes Act of 1978 (41
<br />U,S.C. 6Ot-613) ("the Act').
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<br />b. Except as provided in the Act, all disputes arising under or relating to
<br />this contract must be resolved under this clause.
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<br />c. 'Claim," as used in this clause, means a written demand or written
<br />assertion by one of the contracting parties seeking, as a matter of right,
<br />the payment of money In a sum certain, the adjustment or Interpretation
<br />of contract terms, or other relief arising under or relating to this contract.
<br />However, a written demand or written assertion by the contractor seeking
<br />the payment of money exceeding $100,000 Is not a claim under the Act
<br />until certified as required by subparagraph d.2 below. A voucher,
<br />invoice, or other routine request for payment that is not in dispute when
<br />submitted is not a claim under the Act. The submission may be
<br />converted to a claim under the Act by complying with the submission and
<br />certification requirements of this clause, if it is disputed either as to
<br />liability or amount or is not acted upon in a reasonable time.
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<br />d.
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<br />1. A claim by the contractor must be made in writing and submitted
<br />to the contracting offICer for a written decision. A claim by the Postal
<br />Service against the contractor is subject to a written decision by the
<br />contracting officer.
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<br />2. For contractor claims exceeding $100,000, the contractor must
<br />submit with the claim the following certification:
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<br />"I certify that the claim is made in good faith, that the supporting
<br />data are accurate and complete to the best of my knowledge and
<br />belief, that the amount requested accurately reflects the contract
<br />adjustment for which the contractor believes the Postal Service
<br />is liable, and that I am duly authorized to certify the claim on
<br />behalf of the contractor."
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<br />3. The certification may be executed by any person duly authorized
<br />to bind the contractor with respect to the claim.
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<br />e. For contractor claims of $100,000 or less, the contracting officer
<br />must, if requested in writing by the contractor, render a decision within 60
<br />days of the request. For contractor-certified claims over $100,000, the
<br />contracting officer must, within 60 days, decide the claim or notify the
<br />contractor of the date by which the decision will be made.
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<br />f. The contracting officer's decision is final unless the contractor
<br />appeals or flies a suit as provided In the Act.
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<br />g. When a claim is submitted by or against a contractor, the parties by
<br />mutual consent may agree to use an alternative dispute resolution (ADR)
<br />process to assist in resolving the claim. A certification as described in
<br />d(2) of this clause must be provided for any claim, regardless of dollar
<br />amount. before ADR is used.
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<br />h.. The Postal Service will pay interest on the amount found due and
<br />unpaid from:
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<br />1. The date the contracting officer receives the claim (properly
<br />certified if reqUired); or
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<br />2. The date payment otherwise would be due, if that date is later,
<br />until the date of payment.
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<br />i. Simple interest on claims will be paid at a rate detennined in
<br />accordance with the Interest clause.
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<br />j. The contractor must proceed diligenUy with performance of this
<br />contract, pending final resolution of any request for relief, claim, appeal,
<br />or action arising under the contract, and comply with any decision of the
<br />contracting officer.
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<br />A.14 AFFIRMAnVE ACnON FOR HANDICAPPED WORKERS
<br />
<br />The following clause is applicable if this contract provides for payments
<br />aggregating $2,500 or more.
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<br />a. The contractor may not discriminate against any employee or
<br />applicant because of physical or mental handicap, in regard to any
<br />position for which the employee or applicant is qualified. The contractor
<br />agrees to take affinnative action to employ, advance in employment, and
<br />otherwise treat qualified handicapped individuals without discrimination in
<br />all employment practices, such as employment, upgrading, demotion or
<br />transfer, recruitment, advertising, layoff or termination, rates of payor
<br />other forms of compensation, and selection tor training (including
<br />apprenticeship).
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<br />b. The contractor agrees to comply with the rules, regulations. and
<br />relevant orders of the Secretary of labor issued pursuant to the
<br />Rehabilitation Act of 1973, as amended.
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<br />c, In the event of the contractor's noncompliance with this clause,
<br />action may be taken in accordance with the rules and regulations and
<br />relevant orders of the Secretary of Labor.
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<br />d. The contractor agrees to post inconspicuous places, available to
<br />employees and applicants, notices in a form to be prescribed by the
<br />Director, Office of Federal Contract Compliance Programs, provided by
<br />or through the contracting officer. These notices state the contractor's
<br />obligation under the law to take affirmative action to employ and advance
<br />in employment qualified handicapped employees and applicants. and the
<br />rights of applicants and employees.
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<br />e. The contractor must notify each union or worker's representative with
<br />which it has a collective bargaining agreement or other understanding
<br />that the contractor is bound by the terms ot section 503 of the Act and is
<br />committed to taking affirmative action to employ, and advance in
<br />employment. handicapped individuals.
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<br />1. The contractor must include this clause in every subcontract or
<br />purchase order over $2,500 under this contract unless exempted by
<br />rules, regulations, or orders of the Secretary issued pursuant to section
<br />503 of the Act, so its provisions will be binding upon each subcontractor
<br />or vendor. The contractor must take such action with respect to any
<br />subcontract or purchase order as the Director of the Office of Federal
<br />Contract Compliance Programs may direct to enforce In these
<br />provisions, including action for noncompliance.
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<br />A.15 AFFIRMAnVE AcnON FOR DISABLED VETERANS AND
<br />VETERANS OF THE VIETNAM ERA
<br />
<br />" this contract provides for payments aggregating $10,000 or more, the
<br />following clause is applicable.
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<br />a. !he contractor may not discriminate against any employee or
<br />applicant because that employee or applicant is a disabled veteran or
<br />veteran of the Vietnam era, in regard to any position for which the
<br />employee or applicant is qualified. The contractor agrees to take
<br />affirmative action to employ, advance in employment, and otherwise
<br />treat qualified disabled veterans and veterans of the Vietnam era without
<br />discrim!nation in . all employment practices, such as employment,
<br />upgrading, demotion or transfer, recruitment, advertising, layoff or
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<br />RETERMSS (v2.2, June 1999)
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