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Agenda - 06-15-2021; 8-n - USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental and Agricultural Center
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Agenda - 06-15-2021; 8-n - USDA Lease of a Portion of the Orange County Bonnie B. Davis Environmental and Agricultural Center
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6/15/2021
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8-n
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Agenda for June 15, 2021 Board Meeting
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53 <br /> (ii) Invoice date. <br /> (iii) Lease number. <br /> (iv) Government's order number or other authorization. <br /> (v) Description, price, and quantity of work or services delivered. <br /> (vi) Name and address of Contractor official to whom payment is to be sent (must be the same <br /> as that in the remittance address in the lease or the order). <br /> (vii) Name (where practicable), title, phone number, and mailing address of person to be <br /> notified in the event of a defective invoice. <br /> (2) The Government will inspect and determine the acceptability of the work performed or services <br /> delivered within seven days after the receipt of a proper invoice or notification of completion of the work or services <br /> unless a different period is specified at the time the order is placed. If actual acceptance occurs later, for the purpose of <br /> determining the payment due date and calculation of interest, acceptance will be deemed to occur on the last day of the <br /> seven day inspection period. If the work or service is rejected for failure to conform to the technical requirements of the <br /> contract, the seven days will be counted beginning with receipt of a new invoice or notification. In either case, the <br /> Contractor is not entitled to any payment or interest unless actual acceptance by the Government occurs. <br /> (c) Interest Penalty. <br /> (1) An interest penalty shall be paid automatically by the Government, without request from the <br /> Contractor, if payment is not made by the due date. <br /> (2) The interest penalty shall be at the rate established by the Secretary of the Treasury under <br /> Section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)that is in effect on the day after the due date. This rate <br /> is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or <br /> about January 1 and July 1. The interest penalty shall accrue daily on the payment amount approved by the <br /> Government and be compounded in 30-day increments inclusive from the first day after the due date through the <br /> payment date. <br /> (3) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the <br /> clause at 52.233-1, Disputes, or for more than one year. Interest penalties of less than $1.00 need not be paid. <br /> (4) Interest penalties are not required on payment delays due to disagreement between the <br /> Government and Contractor over the payment amount or other issues involving contract compliance or on amounts <br /> temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest <br /> that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. <br /> (d) Overpayments. If the Lessor becomes aware of a duplicate payment or that the Government has <br /> otherwise overpaid on a payment, the Contractor shall— <br /> (1) Return the overpayment amount to the payment office cited in the contract along with a <br /> description of the overpayment including the— <br /> (i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation <br /> errors, date(s) of overpayment); <br /> (ii)Affected lease number; (iii)Affected lease line item or sub-line item, if applicable; and <br /> (iii) Lessor point of contact. <br /> LESSOR: GOVERNMENT: GSA FORM 35178 <br /> REV(10/20) <br /> Page 9 <br />
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