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Mechanisms for EFT payment. NNPS may make payment by EFT through the Automated Clearing House
(ACH) network, subject to the rules of the National Automated Clearing House Association
Suspension of payment.
The NNPS is not required to make any payment under this contract until after receipt, by Accounting, of the
correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any
invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt
payment under this contract.
If the EFT information changes after submission of correct EFT information, NNPS shall begin using the
changed EFT information no later than 30 days after its receipt by Accounting to the extent payment is
made by EFT. However, the Contractor may request that no further payments be made until the updated
EFT information is implemented by Accounting. If such suspension would result in a late payment under
the prompt payment terms of this contract, the Contractor’s request for suspension shall extend the due date
for payment by the number of days of the suspension.
Liability for uncompleted or erroneous transfers.
If an uncompleted or erroneous transfer occurs because NNPS used the Contractor’s EFT information
incorrectly, NNPS remains responsible for—
Making a correct payment;
Paying any prompt payment penalty due; and
Recovering any erroneously directed funds.
If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or
was revised within 30 days of NNPS’ release of the EFT payment transaction, and—
If the funds are no longer under the control of Accounting, NNPS is deemed to have made payment and the
Contractor is responsible for recovery of any erroneously directed funds; or
If the funds remain under the control of Accounting, NNPS shall not make payment and the provisions of
paragraph (d) shall apply.
EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance
with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the
Federal Reserve System, the date specified for settlement of the payment is on or before the prompt
payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve
System.
EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the
assignment of claims terms of this contract, the Contractor shall require as a condition of any such
assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to
Accounting and shall be paid by EFT in accordance with the terms of this clause. In all respects, the
requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that
shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to NNPS, is incorrect EFT information within the meaning of paragraph (d)
of this clause.
Liability for change of EFT information by financial agent. NNPS is not liable for errors resulting from
changes to EFT information provided by the Contractor’s financial agent.
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