52.232-36 Payment by Third Party.

As prescribed in 32.1110(d), insert the following clause:

Payment by Third Party (May 2014)

(a) General.

(1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments

due under this contract, through payment by a third party in lieu of payment directly from the

Government, in accordance with the terms of this clause. The third party and, if applicable, the

particular Governmentwide commercial purchase card to be used are identified elsewhere in this

contract.

(2) The Governmentwide commercial purchase card is not authorized as a method of payment during

any period the System for Award Management (SAM) indicates that the Contractor has delinquent

debt that is subject to collection under the Treasury Offset Program (TOP). Information on TOP is

available at http://fms.treas.gov/debt/index.html. If the SAM subsequently indicates that the

Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to

authorize payment by Governmentwide commercial purchase card.

(b) Contractor payment request.

(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment

requests through a charge to the Government account with the third party, at the time and for the

amount due in accordance with those clauses of this contract that authorize the Contractor to

submit invoices, contract financing requests, other payment requests, or as provided in other

clauses providing for payment to the Contractor.

(2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial

purchase card is no longer an authorized method of payment, the Contractor shall make such

payment requests in accordance with instructions provided by the Contracting Officer during the

period when the purchase card is not authorized.

(c) Payment. The Contractor and the third party shall agree that payments due under this contract

shall be made upon submittal of payment requests to the third party in accordance with the terms

and conditions of an agreement between the Contractor, the Contractor’s financial agent (if any),

and the third party and its agents (if any). No payment shall be due the Contractor until such

agreement is made. Payments made or due by the third party under this clause are not payments

made by the Government and are not subject to the Prompt Payment Act or any implementation

thereof in this contract.

(d) Documentation. Documentation of each charge against the Government’s account shall be

provided to the Contracting Officer upon request.

(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is

made under this clause, then no payment under this contract shall be assigned under the provisions

of the assignment of claims terms of this contract or the Assignment of Claims Act of1940 (31

U.S.C.3727, 41 U.S.C.6305).
(f) Other payment terms. The other payment terms of this contract shall govern the content and

submission of payment requests. If any clause requires information or documents in or with the

payment request, that is not provided in the third party agreement referenced in paragraph (c) of

this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting

such a payment request.

(End of clause)

Parent topic: 52.232 [Reserved]