[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR32.908]

[Page 678-679]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 32--CONTRACT FINANCING--Table of Contents
 
                      Subpart 32.9--Prompt Payment
 
Sec. 32.908  Contract clauses.

    (a) Insert the clause at 52.232-26, Prompt Payment for Fixed-Price 
Architect-Engineer Contracts, in solicitations and contracts that 
contain the clause at 52.232-10, Payments Under Fixed-Price Architect-
Engineer Contracts.
    (1) As authorized in 32.904(c)(2), the contracting officer may 
modify the date in paragraph (a)(4)(i) of the clause to specify a period 
longer than 7 days for constructive acceptance or constructive approval, 
if required to afford the Government a practicable opportunity to 
inspect and test the supplies furnished or evaluate the services 
performed.

[[Page 679]]

    (2) As provided in 32.903, agency policies and procedures may 
authorize amendment of paragraphs (a)(1)(i) and (ii) of the clause to 
insert a period shorter than 30 days (but not less than 7 days) for 
making contract invoice payments.
    (b) Insert the clause at 52.232-27, Prompt Payment for Construction 
Contracts, in all solicitations and contracts for construction (see part 
36).
    (1) As authorized in 32.904(d)(1)(i)(B), the contracting officer may 
modify the date in paragraph (a)(1)(i)(A) of the clause to specify a 
period longer than 14 days if required to afford the Government a 
reasonable opportunity to adequately inspect the work and to determine 
the adequacy of the Contractor's performance under the contract.
    (2) As authorized in 32.904(d)(2)(iv), the contracting officer may 
modify the date in paragraph (a)(4)(i) of the clause to specify a period 
longer than 7 days for constructive acceptance or constructive approval 
if required to afford the Government a reasonable opportunity to inspect 
and test the supplies furnished or evaluate the services performed.
    (c) Insert the clause at 52.232-25, Prompt Payment, in all other 
solicitations and contracts, except when the clause at 52.212-4, 
Contract Terms and Conditions--Commercial Items, applies, or when 
payment terms and late payment penalties are established by other 
governmental authority (e.g., tariffs).
    (1) As authorized in 32.904(b)(1)(ii)(B)(4), the contracting officer 
may modify the date in paragraph (a)(5)(i) of the clause to specify a 
period longer than 7 days for constructive acceptance, if required to 
afford the Government a reasonable opportunity to inspect and test the 
supplies furnished or to evaluate the services performed, except in the 
case of a contract for the purchase of a commercial item, including a 
brand-name commercial item for authorized resale (e.g., commissary 
items).
    (2) As provided in 32.903, agency policies and procedures may 
authorize amendment of paragraphs (a)(1)(i) and (ii) of the clause to 
insert a period shorter than 30 days (but not less than 7 days) for 
making contract invoice payments.
    (3) If the contract is a cost-reimbursement contract for services, 
use the clause with its Alternate I.