B09_FAR_Clause_Added_at_Amendment_00001_0001.pdf

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Attached to
KLGO PANTHEON/RED FRONT ROOF RECOVER
Solicitation number
140P9726R0004
Issued by

About this file

This document is a FAR clause amendment that incorporates payment protection requirements into Solicitation 140P9726R0004.

The clause mandates that contractors submit a payment bond as payment protection, with the bond amount set at 100 percent of the contract price. The payment bond must be submitted within 10 days of contract award and must provide coverage for the entire contract performance period plus an additional one-year period. The Contracting Officer is authorized to access funds under the payment protection upon written allegation by a supplier of labor or material that nonpayment has occurred, with such funds withheld pending resolution through administrative or judicial proceedings or mutual agreement. If a tripartite escrow agreement is used as an alternative protection mechanism, the contractor must utilize only suppliers of labor and material that have signed the escrow agreement.

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FAR CLAUSE ADDED at AMENDMENT 00001 140P9726R0004

The following FAR Clause is incorporated into Solicitation 140P9726R0004.

52.228-13 Alternative Payment Protection (July 2000):

(a) The Contractor shall submit one of the following payment protection:

Payment Bond

(b) The amount of the payment protection shall be 100 percent of the contract price.

(c) The submission of the payment protection is required within 10 days of contract award.

(d) The payment protection shall provide protection for the full contract performance period plus a one-year period.

(e) Except for escrow agreements and payment bonds, which provide their own protection procedures, the Contracting Officer is authorized to access funds under the payment protection when it has been alleged in writing by a supplier of labor or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or judicial proceedings or mutual agreement of the parties.

(f) When a tripartite escrow agreement is used, the Contractor shall utilize only suppliers of labor and material that signed the escrow agreement.

(End of clause)

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