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. ,,' . ." ;0 . interest will be paid at the rate, established by the Sec;:ret,uy of ttle Treasury as provided in the Act, which is applicable to the period during which the contractinq officer receives the claim and then at the c~t$ lIPPUclIble foc each six-lIIOnth pedod liS fixed by tbe Secretcuy dudn',l the pendency of that claim. (h) The Contractor shall proceed diligently with perfoc.ance or this contract, pending final resolution of any request for celie-t, chilli, appeal or action arising under the contract, and comply with any de~lsion of tbe Contnettng Officer. (OAR 1-10].I2(al) the Contractoc's ciailll to alllouflts parabl!!! ~lI1der the contract has been assigned under the Assignl1lent of C!ablS Act of 1940. as allle-nded (31 U.S.C. 203, n U.S.C. 15). a telease Iftay ah() be required of the ajs9i~nee. (OAR: 7-602.7) 7. PAYHENTS TO CONTRACTOR (1982 DEe) (a) The Government will pay the contract price as hereinafter provided. (b) The Government will make progress paymentQ monthly as the wQrk proceeds, or at moce frequent intervals as determined by the Contracting Officer, on estimates approved by the Contracting Officer. If requested by the Contracting Officer, the Contractor shall furnish a breakdown of the tot~l contract price showinq the amount included therein for each pdncipal cateqory of the work, in such detail as requested, to provide a b'asis for determinlnq proqress payments. In the preparation ot estimates the Contractinq Officer, at his discretion, may authorize llIatedal delivered on the .ite and preparatory work done to be taken into consideration. Hatedal delivered to the Contractor at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorhed by the contract and (2) if the Contractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract. (cl In llIaking such progress payments, there shall be retained 10 percent of the estimated amount until final completion and acceptance of the contract work. However, if the CDntractiD9 Officer finds that satisfactory pr09ress was achieved during any periOd for which a progress payment is to be lIade, he .af authorize such payment to be made in full without retention of a percentage. Also, wheneyer the work is substantially cOlllplete, the Contracting Officer shall retain an alllOunt he considers adequate for the protection of the Government, and, at his discretion, may release to the Contractor all or a portion of any excess alllOunt. Furtherlllore, on completion and acceptance of each separate building, pUblic work, or other division of the contract, on which the price is stated separately in the contract, payment may be made therefor without rete~tion of a percentage. (d) All material and work covered by progress payments made shall thereupon become the sole property of the Government, but this provision shall not be construed as relieving the Contractor from the sole responsibility tor all malerial and work upon which payments have been made or tbe refltorolltion of any damayed work, or as waiving the right of the Government to require the fulfillment of all of the terms of the contract. (el The Contractor shall, upon request, be (eirabursed for the entire amount of prellllullls paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) and for any fees paid to the Small Business Ad.inistration under the Sucety Bond Guarantee Progralll, after furnishing evidence of full payment. (fl upon compLetion and acceptance of all work, the amount due the Contractur under this contract shall be paid upon the presentation of a properly executed voucher and after the Contractor shall have furnished the Government. wit.h a release of all claims a9ainst the Government: .arising by virtue of this contract, other than claims in stated amounts as llIay be specifically ellcepted by the COntractor frOM the operation of the release. If Q. A8S1GN~NT OF CLAIMS (1916 OCT) la. Pursu~nt to, the proviSiOn!! of t~e Assignment of ClaiRlS: Act of 1940, ~s "",ended 01 U.S.C. 20], 41 U.S.C. IS), if this cPntract prQvldes for paynte"ta ag9re9~qF\9 $1,000 or more, c:lahl.8 for .~neys due DC to becollle d~e t.h, Contl;aCtor trolll the Government under this COfltract may be assi~ne" to a b.nk, tnllj.t COlllpanYf or 'other fin",nctnl,J insf;.1tution, inclucUng any Federlll len(Ung agency, and lIla)' thec~aftel" be further assigned oilInd reassigned to il!ny such institution. ~)' such assl",mlle(1t or reassi9nment stuill covet all alllOunts payable un<ter this cQntr~ct anli not;. already paidf and Shall not ~ ~ade to .ore th~n one party~ elCcept thdt any sl,lch assiqnlllent or reassignment may ~ made to one P4rty a~ agent or tlustee for two oc more parties partici~tin9 in such financing. Unlesl;I ot~erwise pcovi<ted in this contract, pay.ents t.o oiIs"ignee of any moneys. <tlle or to beco"e due "nder this contract shall not, to the eKtent provided in said Act, l!iS amended. be subject to reduction or Setoff. (The precedinq sentence appU"s only if this contract is lIll!ide in tialQ of war Of national emergency as defined in said Act and is with t.he Department of Defense, the General Services Administration. the Energy Research and DeveLopment Administration, the National Mronautics and Sp~ce "Adlllinistration, the Federal Aviation Ad..inistl"atlQn, or any othe!: deMrtment or agency of the United States de$ignate4 by th~ ~resident pursuant to Clause 4 of the provlah>n of section 1 of the bsiqnment of Claims Act of 1940, as ".end!l!d by' the Act ot M~y 15, 1951. 65 Stat. 4L.) , (b) In no event shall copies of this contract or of any p~ans. $peclfications, or other similar d~uaents relating to work under this contr4ct, if marked .1Op Secret,. WSecret.' Of .Confidentl~l,w be fu~nish~d to any assignee ot any cl~i. ariaing under this contract or to any other p~rson not entitled t.o receive the same. However, a copy of any part Qr all of this contra~t lJo lIafked may be furnished, or any information contained therein _y be diSclOsed. to suet! assignee upon the prior written authorization of the Cofltrilcting OUicer. (DAR 7-602.8) 9. MTERIAL AND WORKMANSHIP (1964 JUN) (al UoleSG otherwise specifically provided in this contract, all 8q1,1ipmen!;, Illaterloll. and articles lncOcporated in the work covered by this contract are to be new and of the IlIOst suitable grade fOI" the purpose intended. Unless othecwise specificaifY Provided in this contract. reference to any ~quipmenl;, material. article, or patented process, by trade name, ~ke, or cataloq n~mber, shall be regarded as establishing a standacd of quality and shall not be ~nstrued as U..itin9 competition, and the COnh"ac~or may. at his option, use any equi~nt, Material. artiCle, or process which~ in the j~dgment of the Contracting Of.flcer, is equal to that named. The Contractor shall furnh;h to the Contractlnq Officer for his approval the nallle of the manufiJcturer, the llIOdel number, and other ldentifyinq data and inforMatlon respecting the perforl1lance, capacity, nature, and ratinq of the maChinery and MechanicaL and other equipment which the COntractor contemplates incorporatinq in the work. When required by this contract or when called for by the Contractin!) OfflcQr, the- Contractor shall furnish the CQntractinq Officer fOr approval full intormation conce[ninq the material or articles which he contemplates incorporating in the work. When so directed. samples shall be subcnitted fC;>r ~pprovllll at th. Contractor's expense, with all shippinCJ Charges prepaid. H$chine[y. ~uir-ent, matexial, and articles installed or used (l May 8]) 5 (Canst. Gen. Prov.) (1 May 8]) 6 (Canst. Gen. Prov.)