DFARS 252.232-7011 Payments in Support of Emergencies and Contingency Operations. Basic (May 2013)

As prescribed in 232.806(a)(1), use the clause at 252.232-7011, Payments in Support of Emergencies and Contingency Operations, in solicitations and contracts , including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, in acquisitions that meet the applicability criteria at 232.901(1). Use of this clause is in addition to use of either the approved Payment clause prescribed in FAR 32.908 or the clause at FAR 52.212-4, Contract Terms and Conditions—Commercial Items.

PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS (MAY 2013)

      (a)  Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.

      (b)  Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause.  The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer. 

      (c)  Invoice payments.

          (1)  Due date.

                        (i)  Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report.

                        (ii)  If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

          (2)  Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract.  A proper invoice should include the items listed in paragraphs (c)(2)(i) through (c)(2)(x) of this clause. 

                        (i)  Name and address of the Contractor.

                        (ii)  Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

                        (iii)  Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

                        (iv)  Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

                        (v)  Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).  Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

                       (vi)  Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

                       (vii)  Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

                      (viii)  Taxpayer Identification Number (when required).  The taxpayer identification number is required for all payees subject to the U.S. Internal Revenue Code.

                      (ix)  Electronic funds transfer banking information.

                          (A)  The Contractor shall include electronic funds transfer banking information on the invoice only if required elsewhere in this contract.

                          (B)  If electronic funds transfer banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct electronic funds transfer banking information in accordance with the applicable solicitation provision (e.g., FAR 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., FAR 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or FAR 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

                         (C)  Electronic funds transfer banking information is not required if the Government waived the requirement to pay by electronic funds transfer.

                   (x)  Any other information or documentation required by the contract (e.g., evidence of shipment).

          (3)  Discounts for prompt payment. The designated payment office will take cost-effective discounts if the payment is made within the discount terms of the contract.

          (4)  Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

          (5)  Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

                        (i)  Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the—

                                    (A)  Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

                                    (B)  Affected contract number and delivery order number, if applicable;

                                    (C)  Affected contract line item or subline item, if applicable; and

                                    (D)  Contractor point of contact; and

                        (ii)  Provide a copy of the remittance and supporting documentation to the Contracting Officer.

      (d)  This clause is applicable until otherwise notified by the Contracting Officer.  Upon notification by issuance of a contract modification, the appropriate FAR Prompt Payment clause in the contract becomes applicable. 

(End of clause)

NONE

Subcontractor ✖   DFARS 212.301 

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-26 Contractors Performing Private Security Functions Outside the United States.

52.228-3 Workers’ Compensation Insurance (Defense Base Act).

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.

252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

252.228-7000 Reimbursement for War-Hazard Losses.

252.228-7003 Capture and Detention.

252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.232-7014 Notification of Payment in Local Currency (Afghanistan).

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

5152.225-5902 Fitness for Duty and Medical/Dental Care Limitations

5152.225-5904 Monthly Contractor Census Reporting

5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR)(JUN 2015)

5152.225-5908 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (JUN 2015)

5152.225-5910 Contractor Health and Safety

5152.225-5915 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

5152.222-5900 Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports

5152.225-5900 Arming Requirements and Procedures for Personal Security Services Contractors and Requests for Personal Protection

5152.225-5901 Armed Personnel Incident Reports

5152.225-5903 Compliance with Laws and Regulations

652.228-70 Defense Base Act – Covered Contractor Employees.

652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services.

652.229-71 Personal Property Disposition at Posts Abroad.

752.228-3 Worker's compensation insurance (Defense Base Act).

752.228-70 Medical Evacuation (MEDEVAC) Services.

Working with a set of FAR clauses from an RFP or contract?

Try pasting them into our tool to instantly generate a risk profile, including the basic flow down recommendation.

Info

Works best with Chrome and Edge browsers!