32.411 Agreement for special account at a

financial institution.

The contracting officer must use substantially the following form of agreement for a special account

for advance payments:

Agreement for Special Account

This agreement is entered into this _____ day of _____, 20___, between the United States of America

(the Government), represented by the Contracting Officer executing this agreement, _____ [Insert

the name of the Contractor], a _____ [Insert the name of the State of incorporation] corporation (the

Contractor), and _____, a financial institution operating under the laws of _____, located at

____________ (the financial institution).

Recitals

(a) Under date of _____, 20__, the Government and the Contractor entered into Contract No. _____, or

a related supplemental agreement, providing for advance payments to the Contractor. A copy of the

advance payment terms was furnished to the financial institution.

(b) The contract or supplemental agreement requires that amounts advanced to the Contractor be

deposited separate from the Contractor’s general or other funds, in a Special Account at a member

bank of the Federal Reserve System, any "insured" bank within the meaning of the Act creating the

Federal Deposit Insurance Corporation (12 U.S.C.1811), or a credit union insured by the National

Credit Union Administration. The parties agree to deposit the amounts with the financial institution,

which meets the requirement.

(c) This Special Account is designated "________ [Insert the Contractor’s name], _____________ [Insert

the name of the Government agency] Special Account."

Covenants

In consideration of the foregoing, and for other good and valuable considerations, the parties agree

to the following conditions:

(a) The Government shall have a lien on the credit balance in the account to secure the repayment of

all advance payments made to the Contractor. The lien is paramount to any lien or claim of the

financial institution regarding the account.

(b) The financial institution is bound by the terms of the contract relating to the deposit and

withdrawal of funds in the Special Account, but is not responsible for the application of funds

withdrawn from the account. The financial institution shall act on written directions from the

Contracting Officer, the administering office, or a duly authorized representative of either. The

financial institution is not liable to any party to this agreement for any action that complies with the

written directions. Any written directions received by the financial institution through the

Contracting Officer on _____ [Insert the name of the agency] stationery and purporting to be signed

by, or by the direction of _____ or duly authorized representative, shall be, as far as the rights,

duties, and liabilities of the financial institution are concerned, considered as being properly issued

and filed with the financial institution by the _____ [Insert the name of the agency].
(c) The Government, or its authorized representatives, shall have access to the books and records

maintained by the financial institution regarding the Special Account at all reasonable times and for

all reasonable purposes, including (but not limited to), the inspection or copying of the books and

records and any and all pertinent memoranda, checks, correspondence, or documents. The financial

institution shall preserve the books and records for a period of 6 years after the closing of this

Special Account.

(d) In the event of the service of any writ of attachment, levy of execution, or commencement of

garnishment proceedings regarding the Special Account, the financial institution will promptly notify

______ [Insert the name of the administering office].

(e) While this Special Account exists, the financial institution shall inform the Government each

month of the financial institution’s published prime interest rate and changes to the rate during the

month. The financial institution shall give this information to the Contracting Officer on the last

business day of the month. [This covenant will not be included in the Special Account Agreements

covering interest-free advance payments.]

Each of the parties to this agreement has executed the agreement on _________________, 20____.

__________________________________________________ __________________________________________________

[Signatures and Official Titles]

Parent topic: Subpart 32.4 - Advance Payments for Other Than Commercial Acquisitions