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Contract Clauses for Solicitation 47QSMD20R0001 Refresh Number 9 Contract Number: GS-07F-0031W <br />EFT information contained in the System for Award Management (SAM). In the event that the EFT <br />information changes, the Contractor shall be responsible for providing the updated information to SAM. <br />(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the <br />Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing <br />House Association, or the Fedwire Transfer System. The rules governing Federal payments through the <br />ACH are contained in 31 CFR Part 210. <br />(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the <br />Government need not make payment to the Contractor under this contract until correct EFT information <br />is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper <br />invoice for the purpose of prompt payment under this contract. The prompt payment teens of the <br />contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. <br />(e) Liability for uncompleted or erroneous transfers. <br />(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's <br />EFT information incorrectly, the Government remains responsible for <br />(i) Making a correct payment; <br />(ii) Paying any prompt payment penalty due; and <br />(iii) Recovering any erroneously directed funds. <br />(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was <br />incorrect, or was revised within 30 days of Government release of the EFT payment transaction <br />instruction to the Federal Reserve System, and <br />(i) If the funds are no longer under the control of the payment office, the Government is <br />deemed to have made payment and the Contractor is responsible for recovery of any <br />erroneously directed funds; or <br />(ii) If the funds remain under the control of the payment office, the Government shall not <br />make payment, and the provisions of paragraph (d) of this clause shall apply. <br />(t) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in <br />accordance with the prompt payment terms of this contract if, in the EFT payment transaction <br />instruction released to the Federal Reserve System, the date specified for settlement of the payment is <br />on or before the prompt payment due date, provided the specified payment date is a valid date under the <br />rules of the Federal Reserve System. <br />(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided <br />for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any <br />such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in <br />accordance with the terms of this clause. Notwithstanding any other requirement of this contract, <br />payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized <br />under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the <br />requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that <br />shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper <br />assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of <br />paragraph (d) of this clause. <br />(h) Liability fbr change of EFT information by financial agent. The Government is not liable for errors <br />resulting from changes to EFT information made by the Contractor's financial agent. <br />(i) Payment information. The payment or disbursing office shall forward to the Contractor available <br />payment information that is suitable for transmission as of the date of release of the EFT instruction to <br />Page: 101 of 211 <br />