SPE 4
SCHEDULE OF PAYMENTS FOR A/E SERVICES
(a) Schematic Design. The Government will compensate the A/E for each phase of the
work and in the amount stated as outlined in this Article SPB-1, above on a monthly
payment basis except as otherwise stated below. The amount due will be determined by the
A/E submittals of an estimate of the amount and value of the work and services performed.
Payment shall be for the full amount due less any previous payment and will be based upon
the Contracting Officer's review and approval of the A/E's invoice. Invoices shall be
prepared and submitted in accordance with CP-3.
(b) Request for Proposal Documents. The Government will compensate the A/E for such phase of
the work and in the amount stated as outlined in this article SPB-1, above on a monthly payment
basis except as otherwise stated below. The amount due will be determined by the A/E's submittal
of an estimate of the amount and value of the work and services performed. Payments shall be for
the full amount due less any previous payments and will be based upon the Contracting Officer's
review and approval of the A/E's invoice. Invoices shall be prepared and submitted in accordance
with CP-3.
(c) Reduction of Payments. Should the A/E fail to meet the contractual design schedule or should
he submit incomplete or unsatisfactory review material the Contracting Officer shall omit or reduce
the payments until the deficiency has been remedied. The withholding of any amount and
subsequent payment thereof to the A/E shall not constitute a waiver of any rights accruing to the
A/E or the Government under this contract or at law.
(d) Final Payment. Upon completion and acceptance of the work under this contract, delivery of
all required documents and delivery of an executed Release of Claims (Attachment II), the A/E will
be paid the unpaid balance.
(e) Release of Claims (Attachment II). Prior to the Final Payment under this contract or prior to
settlement upon termination of the contract, and as a condition precedent thereto, the A/E shall
execute and deliver to the Contracting Officer, a release of all claims against the Government
arising under or by virtue of this contract, other than such claims, if any, as may be specifically
excepted by the A/E from the operation of the release in stated amounts to be set forth therein.
(f) Excessive Proposals. Should the Government elect not to award the Design Build Contract
because the low proposal exceeds the adjusted limiting cost, the last payment for Request for
Proposal documents will be withheld until the A/E has complied with the contractual requirements
stated in FAR 52.236-22 (Design Within Funding Limitations) to design within the adjusted
limiting construction cost to make possible the award of a Design Build Contract, or is relieved of
this requirement by the award of a Design Build Contract, not withstanding the relation of the
award price to the authorized construction cost.
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