St. Es CM RFP - Section G.Final.doc

PART I Section G – Contract Administration Data

PART I

Section G

Contract Administration Data Part I

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. PAYMENT (GENERAL)

Any inquiries regarding payment shall be directed to the following:

General Services Administration, Region 7

Finance Division (BCFA) 819 Taylor Street, Room 5413

Fort Worth, TX 6102

(817) 817-978-2408

G.2. SUBMISSION OF INVOICES

Invoices shall be submitted in an original and two copies sent to:

General Services Administration, NCR

Design & Construction Division

7th & D Streets, SW, Suite 2002 – WPC Washington, DC 0407

ATTN: Arnold A. Hill, Project Manager

G.3. INVOICING REQUIREMENTS

The CM shall attend pre-invoice payment meetings each month, as scheduled herein, with the designated Government representatives, before the CM submits progress or other payment invoices (payment requests). These payment meetings may be conducted in person or by telephone. Under no circumstances may any payment meetings be waived; the CM or its authorized representative shall always participate. The meetings will enable the making of payments promptly and within the dates established in the contract. The purpose of the payment meetings is to provide a forum for the CM and the Government representatives to discuss the amounts of prospective payments and the supporting documentation required, and to reach agreements on the amounts payable. Inspections by all parties will be completed before or during the meetings, thus ensuring timely substantiation and agreements on payment amounts. The schedule for payment meetings is as follows:

At the minimum, a meeting is required before the submission of each payment request (pre-invoicing meeting). The CM shall submit its invoices to the Government [in the form specified at GSAM clause 552.232-70], and if the contract is administered with the assistance of a CM, also submit copies to such CM. In the case of procurements administered with the assistance of CM, the CM will inform the Government by telephone of the results of its inspection and determination of the payment amount to which the CM is entitled, and follow this telephone communication immediately with written confirmation and any associated documentation, conveyed by overnight air or other carrier, if necessary. Separate payment requests shall be submitted for progress payments, payments of retainage, and partial or final payments, to the Government as follows:

· Firm name, address, telephone number

· The words "ORIGINAL INVOICE"

· Pegasys Document Number (PDN) (as shown on Standard Form 300

· GSA contract number, delivery order number, FSS project number, modification number (if applicable

· A description of services the billing represents, referenced by the section numbers included in this work order

The CM shall post a copy of the invoice in the designated folder on the ePM website. This website will be available to the successful Offeror after contract award.

a. The CM shall not submit payment requests until after the scheduled pre-invoice payment meetings are held. If the CM fails to attend a payment meeting, the Government will make payment on the CM’S payment request based upon the results of the Government inspection, in an amount of no more than the Government 's estimate of the amount due. The balance of the CM’S payment request will remain in dispute and will not be subject to any late penalty, until such time that an invoice including the disputed amount is resubmitted and agreement is reached with the COR on any payment amount being due.

b. Payment due dates are based upon the date of receipt of a proper invoice by the COR. If the invoice is defective it will be returned to the CM for appropriate action. If there is a disagreement over the payment amount, the COR may pay the portion of the requested payment that is not in question.

c. Any inquiries on payments are to be directed to the CO or COR.

G.4. ELECTRONIC FUNDS TRANSFER

Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999)

B.4.1. Method of Payment

(1) All payment by the Government under this contract shall be made by electronic funds transfer (EFT). As used in this clause, the term “EFT” refers to the electronic funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either- (i) Accept payment by check or some other mutually agreeable method of payment: or (ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT.

B.4.2. Mandatory submission of Contractor’s EFT information

(1) The Contractor is required to provide the Government with the information required to make payment by EFT. The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: “designated office”) no later than 15 days prior to submission of the first request for payment. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor’s EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) if the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

B.4.3. Mechanisms for EFT payment

The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31CFR part 210.

B.4.4. Suspension of Payment

(1) The Government is not required to make any payments under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payments be made by EFT, However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office.

If the Government makes payment by check, the Government shall mail the payment information to the remittance address in the contract.

G.5. GSAM 552.232-71 -- ADJUSTING PAYMENTS (SEP 1999)

(a) Under the Inspection of Services clause of this contract, payments may be adjusted if any services do not conform with contract requirements. The Contracting Officer or a designated representative will inform the Contractor, in writing, of the type and dollar amount of proposed deductions by the 10th workday of the month following the performance period for which the deductions are to be made.

(b) The Contractor may, within 10 working days of receipt of the notification of the proposed deductions, present to the Contracting Officer specific reasons why any or all of the proposed deductions are not justified. Reasons must be solidly based and must provide specific facts that justify reconsideration and/or adjustment of the amount to be deducted. Failure to respond within the 10-day period will be interpreted to mean that the Contractor accepts the deductions proposed.

(c) All or a portion of the final payment may be delayed or withheld until the Contracting Officer makes a final decision on the proposed deduction. If the Contracting Officer determines that any or all of the proposed deductions are warranted, the Contracting Officer shall so notify the Contractor, and adjust payments under the contract accordingly.

(End of Clause)

G.6. GSAM 552.232-72 -- FINAL PAYMENTS (SEP 1999)

Before final payment is made, the Contractor shall furnish the Contracting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically accepted by the Contractor from the release. If the Contractor’s claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee.

(End of Clause)