For discussion;
Also, please see the link below for Subpart 32.8, though
specifically
https://www.acquisition.gov/far/html/Subpart%2032_8.html#wp1029202
32.802 Conditions.
Under the Assignment of Claims
Act, a contractor may assign moneys due or to become due under a contract if
all the following conditions are met:
(a) The contract specifies
payments aggregating $1,000 or more.
(b) The assignment is made to a
bank, trust company, or other financing institution, including any Federal
lending agency.
(c) The contract does not
prohibit the assignment.
(d) Unless otherwise expressly
permitted in the contract, the assignment—
(1) Covers all unpaid amounts
payable under the contract;
(2) Is made only to one party,
except that any assignment may be made to one party as agent or trustee for two
or more parties participating in the financing of the contract; and
(3) Is not subject to further
assignment.
(e) The assignee sends a written
notice of assignment together with a true copy of the assignment instrument to
the—
(1) Contracting officer or the
agency head;
(2) Surety on any bond applicable
to the contract; and
(3) Disbursing officer designated
in the contract to make payment.
Michael F. Dodd
One Source Global Solutions
CEO
1185 Ave of the Americas Suite 1750
New York New York 10036
mike.dodd@3dglobalsolutions.net
toll free (866)
238-6761 ext 111
Direct dial 212-205-6171
Fax 866-238-6761
International Cell 212-729-6959
This electronic message transmission contains information
from 3D Global Solutions which may be confidential or privileged
and is otherwise protected by law under the Electronic Communications
Privacy Act [18 United States Code §§ 2510-2711]. The information is intended
for the use of the individual or entity named above. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use
of the contents of this information is prohibited. If you have
received this electronic transmission in error, please notify us by calling the
sender at 866-238-6761 immediately,
and delete or destroy all copies of this transmission. Alternatively, you
may contact us by electronic mail at MIS@3Dglobalsolutions.net
From: Nicole Russell
[mailto:nrussell@mercuria.com]
Sent: Thursday, April 08, 2010 2:49 PM
To: Michael Dodd; Mary Ellen Yacura; Ryan Shane
Subject: RE: FAR regulations
Hi Michael and Ryan,
I think you mentioned that you could send me the requisite part
of the FAR which points to teaming contracts. When you get a chance,
could you point me in that direction?
Many thanks,
Nicole
Nicole W. Russell
General Counsel
Mercuria Energy Trading Inc.
311 South Wacker Drive
Suite 1700
Chicago, IL 60606
T (312) 277 2415
F (312) 277 2450
M (312) 375 8881
E-mail: nrussell@mercuria.com
From: Michael Dodd
[mailto:mike.dodd@3dglobalsolutions.net]
Sent: Tuesday, April 06, 2010 11:55 AM
To: Mary Ellen Yacura
Cc: Nicole Russell
Subject: RE:
Thanks Mary Ellen, will get info over to you soonest.
To reiterate one point; no
matter the model to include if 3DGS is the Prime Contractor, Mercuria will always
directly bill and be paid by the US Gov. Even when 3DGS is a prime contractor,
Mercuria will (because of what is called the FAR [Federal Acquisition
Regulation] “flow down” clauses, be direct to the government for your own
performance and 3DGS is direct on ours. Each is identified and broken out in
what the Gov will call a PBSOW (Performance Based Scope of Work) in our
contract. Sorry for all the acronyms!!
Many thanks,
Mike
Michael F. Dodd
One Source Global Solutions
CEO
1185 Ave of the Americas Suite 1750
New York New York 10036
mike.dodd@3dglobalsolutions.net
toll free (866)
238-6761 ext 111
Direct dial 212-205-6171
Fax 866-238-6761
International Cell 212-729-6959
This electronic message transmission contains information
from 3D Global Solutions which may be confidential or privileged
and is otherwise protected by law under the Electronic Communications
Privacy Act [18 United States Code §§ 2510-2711]. The information is
intended for the use of the individual or entity named above. If you are
not the intended recipient, be aware that any disclosure, copying, distribution
or use of the contents of this information is prohibited. If you
have received this electronic transmission in error, please notify us by
calling the sender at 866-238-6761 immediately,
and delete or destroy all copies of this transmission. Alternatively, you
may contact us by electronic mail at MIS@3Dglobalsolutions.net
From: Mary Ellen Yacura
[mailto:myacura@mercuria.com]
Sent: Tuesday, April 06, 2010 11:29 AM
To: Michael Dodd
Cc: Nicole Russell
Subject:
Hi Mike:
This
is what we need for our KYC requirements.
- Certificate of Incorporation
- Memorandum and Articles of Association
- List of Directors or Management contact details
- List of ultimate shareholders/beneficiaries
- List of
designated personnel authorized to trade
- Two bank references
- Last audited financial statements
If you have any questions, please advise.
Regards,
Mary Ellen Yacura
Director Structured
and Trade Finance
Mercuria Energy
Trading, Inc.
33 Benedict Place,
1st floor
Greenwich, CT
06830
T 203-413-3370
M 203-550-9190
F 203-422-6633
email:myacura@mercuria.com
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