JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
(2)
The data reported.
(f)
Availability. The Contractor shall make available at its office at all reasonable times the
records, materials, and other evidence described in paragraphs (a), (b), , (d), and (e) of this
clause, for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of
the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by
other clauses of this contract. In addition--
(1)
If this contract is completely or partially terminated, the Contractor shall make available
the records relating to the work terminated until 3 years after any resulting final
termination settlement; and
(2)
The Contractor shall make available records relating to appeals under the Disputes
clause or to litigation or the settlement of claims arising under or relating to this
contract until such appeals, litigation, or claims are finally resolved.
(g)
The Contractor shall insert a clause containing all the terms of this clause, including this
paragraph (g), in all subcontracts under this contract that exceed the simplified acquisition
threshold, and--
(1)
That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-
redeterminable type or any combination of these;
(2)
For which cost or pricing data are required; or
(3)
That require the subcontractor to furnish reports as discussed in paragraph (e) of this
clause.
The clause may be altered only as necessary to identify properly the contracting parties and
the Contracting Officer under the Government prime contract.
36.
52.233-1 - DISPUTES (DEC 1998)
(a)
This contract is subject to the Contract Disputes act of 1978, as amended (41 U.S.C.
601-613
(b)
Except as provided in the Act, all disputes arising under or relating to this contract shall be
resolved under this clause.
(c)
"Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under or relating to this
contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim
that can be resolved under a contract clause that provides for the relief sought by the
claimant. However, a written demand or written assertion by the Contractor seeking the
payment of money exceeding 0,000 is not a claim under the Act until certified as required
by subparagraph (d)(2) of this clause. A voucher, invoice, or other routine request for
payment that is not in dispute when submitted is not a claim under the Act. The submission
may be converted to a claim under the Act, by complying with the submission and certification
requirements of this clause, if it is disputed either as to liability or amount or is not acted upon
in a reasonable time.
(d)
(1)
A claim by the Contractor shall be made in writing and, unless otherwise stated in this
contract, submitted within 6 years after accrual of the claim to the Contracting Officer
for a written decision. A claim by the Government against the Contractor shall be
subject to a written decision by the Contracting Officer.
(2)
(i)
The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of
this clause when submitting any claim exceeding 0,000.
(ii)
The certification requirement does not apply to issues in controversy that have
not been submitted as all or part of a claim.
(iii)
The certification shall state as follows: "I certify that the claim is made in good
faith; that the supporting data are accurate and complete to the best of my
knowledge and belief; that the amount requested accurately reflects the contract
adjustment for which the Contractor believes the Government is liable; and that I
am duly authorized to certify the claim on behalf of the Contractor."
(3)
The certification may be executed by any person duly authorized to bind the Contractor
with respect to the claim.
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
Previous Page
