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SUBPART 232.9--PROMPT PAYMENT

(Revised September 21, 1999)

 

 



 232.903 Policy.
 232.905 Invoice payments.
 232.906 Contract financing payments.


232.903  Policy.

DoD policy is to assist small disadvantaged business concerns by paying them as quickly as possible after invoices are received and before normal payment due dates established in the contract (see 232.905(2)).

 

232.905  Invoice payments.

 

      (1)  In most cases, Government acceptance or approval can occur within the seven day constructive acceptance period specified in the FAR Prompt Payment clauses.  Government payment of construction progress payments can, in most cases, be made within the 14 day period allowed by the Prompt Payment for Construction Contracts clause.  While the contracting officer may specify a longer period because the period specified in the contract is not reasonable or practical, such change should be coordinated with the Government offices responsible for acceptance or approval and for payment.  Reasons for specifying a longer period include but are not limited to:  the nature of the work or supplies or services, inspection or testing requirements, shipping and acceptance terms, and resources available at the acceptance activity.  A constructive acceptance period of less than the cited 7 or 14 days is not authorized.

 

      (2)  Designated payment offices are encouraged to pay small disadvantaged business (SDB) concerns as quickly as possible after invoices are received and before normal payment due dates established in the contract.  The restrictions of FAR 32.903 prohibiting early payment do not apply to invoice payments made to SDBs.  Contractors shall not, however, be entitled to interest penalties if invoice payments are not made before the normal payment due dates established in the contract.

 

      (f)(6)  DoD Manual 4000.25-5-M, Military Standard Contract Administration Procedures (MILSCAP), authorizes electronic notification to the payment office of Government acceptance or approval, as appropriate.

 

232.906  Contract financing payments.

 

      (a)(i)  DoD policy is to make contract financing payments as quickly as possible.  Generally, the contracting officer shall insert the standard due dates of 7 days for progress payments and 14 days for interim payments on cost type contracts in paragraph (b)(1) of the Prompt Payment clauses at FAR 52.232-25, 52.232-26, and 52.232-27.

 

              (ii)  The contracting officer should coordinate payment terms with offices that will be involved in the payment process to ensure that terms specified can be met.  Where justified, the contracting officer may insert a due date greater than but not less than the standard.  In determining payment terms, consider—

 

                    (A)  Geographical separation;

 

                    (B)  Workload;

 

                    (C)  Contractor ability to submit a proper request; and

 

                    (D)  Other factors that could affect timing of payment.


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