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GSA Restores Provision Addressing Construction Payments

The General Services Administration has finalized, with minor changes, a proposed rule ( 70,033.64) that amends the GSA Acquisition Regulation by restoring guidance on making final payments under construction and building service contracts. According to GSA, the clause at GSAR 552.232-72 requires contractors to provide a release of claims as a condition for final payment under construction and building service contracts, and GSA Form 1142, Release of Claims, provides a form of a release. However, a prior GSA final rule ( 70,030.136) inadvertently deleted a GSAR provision that prescribed the use of the form for construction and building service contracts. The instant rule restores at new GSAR 532.905-70 guidance requiring contracting officers to obtain an executed Form 1142 before processing a final payment under a construction or building service contract. GSA COs have used this form to achieve uniformity and consistency in the release of claims process. In response to public comments, GSA revised GSAR 532.905-70 (a) to reference the final release required for building services. For the text of the final rule, which goes into effect March 12, 2012, and GSA's disposition of public comments, see 70,030.162.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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