06-09-1986 Council Packet - Laserfiche WebLink

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Paragraph CLAIMS AND DISPUTES (MAY 1903) ( a ) This contract is subject to the Contract Disputes Act of 1970 (P.L. 95-563, 41 USC 601-613). (b) All disputes arising under or relating to this contract shall be resolved under this clause. References to a Disputes clause in other clauses of this contract shall be understood to be references to this Claims and Disputes clause. (c) ( i ) 'Claim,' as used in this clause, means a Written denand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or in':rpretation of contract terms, o_ other relief arising under uc relating to this contract. w. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim under the Act. However, where such submission is subsequently not acted upon in a reasonable tine, or disputed either as to liability or amount, it may be converted to a claim under the Act. (iii) A claim by the contractor shall be made in }+riting and submitted to the contracting officer for.decision. A claim by the Postal Service against the contractor shall be in the lorit. of a deci'sio,, l,y the contracting officer. (d) For contractor claims of more than $50,000, the contractor shall submit with the claim a certification that: (i) the claim is made in good faith] (ii) supporting data are accurate and complete to the best of the contractor's knowledge and beliefs and (iii) the amount requested accurately reflects the contract adjustment for -,.hick the contractor believes the Postal Service is liable. If the contractor is an individual, the certification shall be executed by that individual. If the contractor is not an individual, the certification shall be executed by a senior company official in charge at the contractor's plant or location involved; or by an officer or general partner of the con- tractor having overall responsibility for the conduct of the contractor's affairs. Claims less than $50,000 need not be certified. (e) Any claim which is not disposed of by agreement shall be decided by tt-4 contracting officer who shall issue a decision in writing and shall mail or Otherwise furnish a copy of the decision to the contractor. For contractor claims over $50,000, the contracting officer must decide the claim within 60 days or notify the contractor of the date when the decinion gill be made. Par con- tractor claims of $50,000 or less, the contracting officer must render a decision within 60 days. The contracting officer's decision shall be final and conclusive and not subject to review by any forum, tribunal, or government agency unless: (i) The contractor appwals such decision to the Postal Service Board of Contract AFpeals within 90 days after the date the --itractor receives the contracting officer's final decisions or (ii) The contractor brings an action directly un the claim in the United States Claims Court within 12 months after the date tLe contractor receives the contracting officer's final decision. (f) The auL:io,:ty -f the contracting officer under the Act does not extend to claims or disputes which other agenciea are expressly authorized by statute or regulation to decide. (9) The Postal Service shall pay interest on the amount found due on a ccntrsctor'e clai:- from th• .itto th- contrsc►_inn ,•/rfc.r roe-0—a tk- clAIM (properly cettified, if required, in accordance with d, above), or from the date payment would otherwise be due, if that date is later, until the date of payment. Simple interest will be paid at the rate, established by the Cer•etary of the Treasury, which is applicable when the contracting officer receives the claim and then at the rate fixed by the Secretary for each successive six-month period in which the claim is pending. ( h ) Except as the parties may otherwise agree, pending final r solution of a claim by the contractor arisinc, under the contract, the contractor shall proceed diligently with the performance of, the contract in accordance with the contracting officer's decision.