52.232-33 continued
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT
information was incorrect, or was revised within 30 days of Government release of
the EFT payment transaction instruction to the Federal Reserve System, and-
(i) If the funds are no longer under the control of the payment office, the
Government is deemed to have made payment and the Contractor is responsible for
recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government
shall not make payment, and the provisions of paragraph (e) shall apply.
(h) EFT and prompt payment. A payment shall be deemed to have been made in a
timely manner in accordance with the prompt payment terms of this contract if, in
the EFT payment transaction instruction released to the Federal Reserve System,
the date specified for settlement of the payment is on or before the prompt
payment due date, provided the specified payment date is a valid date under the
rules of the Federal Reserve System.
(i) EFT and assignment of claims. If the Contractor assigns the proceeds of
this contract provided for in the assignment of claims terms of Us contract, the
Contractor shall require as a condition of any such assignment, that the assignee
shall register in the CCR
database and shall be paid by EFT in accordance with
the terms of this clause. In all respects, the requirements of this clause shall
apply to the assignee as if it were the
Contractor. EFT information that shows
the ultimate recipient of the transfer to be other
than the Contractor, in the
absence of a proper assignment of claims acceptable to the
Government, is
incorrect EFT information within the meaning of paragraph (e) of this clause.
(j) Liability for change of EFT information by financial agent.
The Government is not liable for errors resulting from changes to EFT information
made by the Contractor's financial agent.
(k) Payment information. The payment or disbursing office shall forward to the
Contractor available payment information that is suitable for transmission as
of the date of release of the electronic funds transfer instruction to the
Federal Reserve System. The Government may request the Contractor to designate
a desired format and method(s) for delivery of payment information from a list
of formats and methods the payment office is capable of executing. However,
the Government does not guarantee that any particular format or method of
delivery is available at any particular payment office and retains the
latitude to use the format and delivery method most convenient to the
Government. If the Contractor has certified in accordance with paragraph (b)
of this clause or if the Government otherwise makes payment by check in
accordance with paragraph (a) of this clause, the Government shall mail the
payment information to the remittance address contained in the CCR database.
(End of Clause)
GP-6
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