Common use of FEE DETERMINATION AND PAYMENT Clause in Contracts

FEE DETERMINATION AND PAYMENT. ‌ (a) Fee earned under this Contract will be paid in accordance with the specific criteria defined in the PEMP and the Clauses in Section B. Monthly provisional payments of fee may be authorized by the Contracting Officer and will be made in accordance with paragraph (b) of this Clause. (b) For annual performance measures that do not have specific, incremental, fee-bearing performance measure events, the Contractor may request Contracting Officer approval to execute a monthly draw of Provisional Fee payments from the Special Financial Institution Account. The Contractor may request a monthly Provisional Fee payment of up to 7.5% of fee allocated to such performance measures, subject to a maximum payment of 80% of fee allocated to such performance measures, and also subject to withholding by DOE as described in paragraphs (e) and (f) of this Clause. (c) The Contractor shall request Contracting Officer acceptance of a specific, incremental, fee-bearing performance measure event. Following Contracting Officer acceptance of a specific, incremental, fee-bearing performance measure event, the Contractor may request Contracting Officer approval to execute a draw of Incremental Fee from the Special Financial Institution Account, subject to withholding by the Contracting Officer as described in paragraphs (e) and (f) of this Clause and the Section B Clause entitled, Fee Reductions. (d) At the end of each year of Contract performance, the Fee Determining Official will make a final Fee Determination using the PEMP described in the Section B Clause entitled, Fee Structure. In the event that fee overpayment results from the Provisional Fee payments provided for in this Clause, the Contractor shall reimburse the unearned fee overpayment within 30 days of notification, to the Contracting Officer payable with interest in accordance with the Section I Clause entitled, FAR 52.232-17, Interest. (e) Withholding of Incremental and Provisional Fee Payments for adverse Contract Performance.

FEE DETERMINATION AND PAYMENT. ‌ (a) Fee earned under this Contract will be paid in accordance with the specific criteria defined in the PEMP and the Clauses in Section B. Monthly provisional payments of fee may be authorized by the Contracting Officer and will be made in accordance with paragraph (b) of this Clause. (b) For annual performance measures that do not have specific, incremental, fee-bearing performance measure events, the Contractor may request Contracting Officer approval to execute a monthly draw of Provisional Fee payments from the Special Financial Institution Account. The Contractor may request a monthly Provisional Fee payment of up to 7.5% of fee allocated to such performance measures, subject to a maximum payment of 80% of fee allocated to such performance measures, and also subject to withholding by DOE as described in paragraphs (e) and (f) of this Clause. (c) The Contractor shall request Contracting Officer acceptance of a specific, incremental, fee-bearing performance measure event. Following Contracting Officer acceptance of a specific, incremental, fee-bearing performance measure event, the Contractor may request Contracting Officer approval to execute a draw of Incremental Fee from the Special Financial Institution Account, subject to withholding by the Contracting Officer as described in paragraphs (e) and (f) of this Clause and the Section B Clause entitled, Fee Reductions. (d) At the end of each year of Contract performance, the Fee Determining Official will make a final Fee Determination using the PEMP described in the Section B Clause entitled, Fee Structure. In the event that fee overpayment results from the Provisional Fee payments provided for in this Clause, the Contractor shall reimburse the unearned fee overpayment within 30 days of notification, to the Contracting Officer payable with interest in accordance with the Section I Clause entitled, FAR 52.232-17, Interest. (e) Withholding of Incremental and Provisional Fee Payments for adverse Contract Performance.