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aliall be allowed if asserted after final payment under this contract. (OAR 7-602.41 termination for convenience of t~e Government, the contract shall be equitably adjusted to compensate for s:Jch termination and the contract modified accordinqly; failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled .Disputes.. (f) The rights and remedies of the Government p.ovided in this clause are in addition to any other rights and remedies provided by law or under this contract. (g) As used in paragraph {dl (1) of this clause, the term .subcontractors or suppliers. means subcontractors or suppliers at any tier. (OAR 7-602.51 S. TERMINATION FOR DEFAULT - DAMAGtZ FOR DELAY - TIME EXTENSIONS (1969 Al.l;) (a) If the Contractor refuses or fails to prosecute the work', or any separable part thereof, with such diligence as will insure its completion within the tbal! specified in this contract, or any extension thereof, or fails to complete said work within such time, the Government may, by written notice to the COntractQr, terminate his right to proceed with the work or such part of the work as to \.ihieh there has been delay. In such event the Government may take over the work and prosecute the same to cORlpletion, by contract or otherwise, and lIIay take possession of and utilize in cOlllpletioq the work such .aterials, appliances, and plant as may be on the site of the work and necessary therefor. Whether or not the Contractor's right to proceed with the work is tenll1nated, he and his sureties shall be liable for any damage to the Government resultinq from his refusal or failure to complete the work within the specified time. (b) If fixed and agreed liquidated damages are provided in the contract and if the Government so terminate'l the Contractor's right to proceed, the resultinq damage will consist of such liquidated damages until such reasonable time as may be required for final completion of the work toqether with any increased costs occasioned the Government in completing the wock. (cl If fbed and agreed liquidated damages ,He provided in the contract and if the Government does not so ter.inate the COntractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is co.pleted or accepted. (d) The COntractor.s right to proceed shall not be so terlllinated nor the COntractor charged with resulting damage if; (1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault Or negligence of the Contractor, Includill9 but not restricted to, acts of God, acts of the public enemy, acts of the Government in either its sovereign Or contractual capacity, acts of another contractor in the perfo~ance of a contract with the Government, fires, floods, epidemics, quarantine restrictions, strikes, frei9ht embargoes, unusually severe weather, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers; and (2) The Contractor, within 10 days horn the beginning of any such delay (unless the COntracting Officer grants a further periOd of time before the date of final payment under the contract), notifies the Contracting Officer in writing 0:: the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completinq the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the .Disputes. clause of this contrilct. (e) If, after notice of terMination of the Contractor's right to proceed under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, the rights and obliqations of the parties shall, if the contract contains a clause providing for termination for convenience of the Government, be the same as if the notice of termination had been issued pursuant to such clause. If, i.n the foregoing circumstances, this contract does not contain a clause providinq for 6. DISPUTES (a) This 95-56)) . (b) to this (e) (1983 FfE,) contract is subject to the Contract Disputes Act of 1978 (P.L. Except as provided in the Act, all disputes ai:ising under or relating contract shall be resolved in accordance with this clause. {I) As used herein, .claim. means a written demand or assertion by one of the parties seeking, as a matter of right. the paYlllent of money, adjustment or interpretation of contract terms, or other relief. arising under or relating to this contract.' However, a written demand by the contractor seeking the payment of money in excess of $50,000 is not a claim until certified in accordance with (d) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. Ilowever, where such sublllission is subsequE"ntly disputed either as to liability or amount or not acted upon in a reasonable time, it may be converted to a claim pursuant to the Act by complyinq with the submission andi certification requirements of this clause. (tti) A claim by the contraetor shall be made in wrlt1rlq and submitted to the contracting officer for decision. A cIailll by the Goverrunent against the contractor shall be subject to a decision by the COntracting Officer. (d) For contrac::'or claims of more than 550,000, the contractor shall submit with the clailll a Certification that the claim is Rlade in good faith: the supporting data are accurate and complete to the best of the contractor's knowledge and belief; and the amount requested accurately reflects the contract adjustment for which the contractor believes the GOvernment is liable. The certification shall be executed by the contractor if an individual. When the contractor is not an individual, the certification shall be executed by a senior company official in charge at the contractor's plant or location involved, or by an officer or general partner of the contractor having avec-all responsibility for the conduct of the contractor's affairs. (el For contractor claims of '50,000 or less, the Contracting Officer llIust, if requested in writing by the contractor, render a decision within 60 days of the request. For contractqr certified claims in excess of $50,000 the ODntractinq Officei IIUst decide the claim within 60 days or notify the contractor of the date when the decision will be made. (f) 111e Contracting Officer's decision shall be final unless the contractor appeals or files a suit as. provided in the Act. Ig) Interest on the amount found due on a contractor claim shall be paid from the date the contracting officer receives the claim (properly certified, I.f required, in accordance with (d) abovel, or from the date payment otherwise would be due, if such date is later, until the date of payment. Simple {iil (l May 831 3 (Canst. Gen. Prov.) (l May 83) .. (Canst. Gen. Prov.) . 'Q , Q , .