In accordance with article 32.706(2)(a), insert the following section. The 60-day period can vary from 30 to 90 days and the 75% period from 75 to 85%. ”Task Order” or any other appropriate designation may be replaced by ”Appendix” wherever such word appears in the Clause: (a) Unless otherwise specified in paragraph (b) of this Clause, where a supply or service purchased under this Agreement is subject to an End User License Agreement (EULA), Terms of Use (TOS) or similar legal instrument or agreement containing a clause; that requires the government to indemnify the Contractor or any person or entity for any damage, cost, cost, or other loss or liability that would result in a violation of the Anti-Disability Act (31 U.S.C. 1341), the following applies: A clause on progress payments is not included in this application and will not be added to the resulting contract at the time of award. Submissions attached to the inclusion of a progressive payment clause in the resulting contract will be rejected as not responding. (i) Payment Information. The payment or payment agent will transmit to the Entrepreneur the available payment information that is appropriate for transmission at the time of publication of the EFT instruction to the Federal Reserve System. The government may require the contractor to establish one or more desired formats and methods for the transmission of payment information from a list of formats and methods that the paying office can perform. However, the government does not guarantee that a particular delivery format or method will be available from a particular paying agent and retains the flexibility to use the format and delivery method that best suits the government. If the Government makes payment by cheque in accordance with paragraph (a) of this clause, it will send the payment information to the delivery address indicated in SAM. (i) substantially similar to the merit-based payment clause in FAR 52.232-32 and meeting the criteria and definition of performance-based payments in Part 32 of the FAR; (B) The due date for payment of amounts withheld by the Agent in accordance with clause 52.232-5, Payments under Fixed Price Construction Contracts, shall be that set out in the Agreement or, if not specified, 30 days after the Agent`s approval for release to the Contractor. (e) invoices for interim payments. For interim payments made under this Service Reimbursement Contract — (1) The Contractor shall pay interest to the Government on unliquidated daily advance payments at the daily rate referred to in paragraph (f) point 3 of this clause.

Interest is calculated at the end of each calendar month for the actual number of days affected. For the purpose of calculating interest charges – A ”winning party” clause states that in a dispute or other dispute resolution, the loser must pay all or part of the winner`s costs (in other words, the ”winning party”). Here is an example of wording you might find in a design consultant/client contract: As required by paragraph 32.111(b)(2), include a clause that essentially resembles this and that has been amended with respect to payment due dates in accordance with the Agency`s regulations, in applications and contracts in the case of a supply contract, of a service contract, a time and materials contract, a contract for hours of work or a research and development contract is considered to contain two or more conditions allowing the temporary withholding of amounts otherwise payable to the contractor for deliveries or services rendered: the so-called ”winning party” contractual clause is one of the most controversial additions to an agreement between a design consulting firm and its clients. In the past, many design consultants, their lawyers, and even some of their professional liability insurance companies preferred these clauses to deter frivolous lawsuits from clients or other contracting parties. Today, this preference has taken a u-turn on the part of most design professionals, their lawyers, and insurers, as it has been shown to create significant and largely uninsured liability for design consultants. (a) the terms of payment. Advance payments shall be made under this contract (1) on presentation of invoices or supporting documents duly certified by the Contractor and approval by the administrative body, ____ [insert name of designated body in Agency procedures] or (2) after a letter of credit. The amount of the invoice or voucher submitted plus any previously approved advance payment may not exceed _______ The Contractor shall apply to any advance payment to subcontractors of conditions similar to those of this clause. (c) Payment. The Contractor and the Third Party agree that payments due under this Agreement will be made after the submission of payment requests to the Third Party in accordance with the terms of an agreement between the Contractor, the Contractor`s financial agent (if any) and the Third Party and its representatives (if any). Until such an agreement is concluded, no payment is due to the Contractor. Payments made or due by third parties under this clause are not government payments and are not subject to the Prompt Payment Act or its implementation in this Agreement.

(n) The provisions of this clause do not apply to individual orders equal to or less than the simplified entry threshold. (B) subcontracts for supplies and ancillary services for which there is no category of work specified in the contract; (ii) maintain adequate insurance for materials, parts, assemblies, sub-assemblies, supplies, equipment and other property acquired for or attributable to this Agreement and subject to State privilege in accordance with subparagraph (i) of this Clause; and (3) reducing advance payments for subcontractors. reduce the subcontractor`s advance by an amount which may be that indicated in the retained notification referred to in point (1) of point (e) of this clause; (4) Interest penalty. The designated paying agent shall automatically pay an interest penalty without the contractor`s request if payment is not made by the due date and if the conditions set out in subparagraphs (a)(4)(i) to (a)(4)(iii) of this clause are met, if any. However, if the due date falls on a Saturday, Sunday or public holiday, the designated paying agent may make the payment on the next working day without incurring a penalty payment for late payment. (b) the calculation of the amounts. Tiered financing will be paid to the Contractor upon request for each delivery unit linked to the individual prices (but not for services) of each item in the amounts approved by the Customer in accordance with this clause. (1) Notice to subcontractors.

to provide the subcontractor with notice in accordance with the standards of paragraph (g) of this clause as soon as possible after establishing the cause that led to a detention, but before the due date of payment of the subcontractor; For example, many agreements have a generic fee clause that includes the ”. Reimbursement of costs and expenses, including reasonable attorneys` fees. In this example, it is explicit that ”costs and expenses” include attorneys` fees, which is important because some jurisdictions do not include attorneys` fees in their definition of ”costs and expenses”. . . .