Subpart 3432.1--General
Sec.
3432.170 Method of payment.
Subpart 3432.4--Advance Payments
3432.403 General.
3432.407 Interest.
Subpart 3432.7--Contract Funding
3432.704 Limitation of cost or funds.
3432.770 Prohibition against the use of ED funds to influence legislation or appropriations.
3432.771 Provision for incremental funding.
AUTHORITY: 5 U.S.C. 301; 40 U.S.C. 486(c).
SOURCE: 53 FR 19123, May 26, 1988, unless otherwise noted.
The contracting officer shall insert the clause in 3452.232-72, Method of Payment, in all solicitations and contracts.
Subpart 3432.4--Advance Payments
(a)-(d) [Reserved]
(e) The HCA is designated to make determinations under FAR 32.402(c)(1)(iii)(A). This authority may not be redelegated.
The HCA is designated to authorize advance payments without interest under FAR 32.407(d).
Subpart 3432.7--Contract Funding
3432.704 Limitation of cost or funds.
(a) Under the circumstances in FAR 32.704(a)(1), the contractor shall submit the following information in writing to the contracting officer.
(1) Name and address of the contractor.
(2) Contract number and expiration date.
(3) Contract items and amounts that will exceed the estimated cost of the contract or the limit of the funds allotted.
(4) The elements of cost that changed from the original estimate (for example: labor, material, travel, overhead), furnished in the following format:
(i) Original estimate.
(ii) Costs incurred to date.
(iii) Estimated cost to completion.
(iv) Revised estimate.
(v) Amount of adjustment.
(5) The factors responsible for the increase, such as error in estimate or changed conditions.
(6) The latest date by which funds must be available to the contractor to avoid delays in performance, work stoppage, or other impairments.
(b) A fixed fee provided in a contract may not be changed if a cost overrun is funded. Changes in a fixed fee may be made only to reflect changes in the scope of work that justify an increase or decrease in the fee.
3432.770 Prohibition against the use of ED funds to influence legislation or
appropriations.
The contracting officer shall insert the clause at 3452.232-70, Prohibition Against the Use of ED Funds to Influence Legislation or Appropriations, in contracts with educational institutions, hospitals, and State and local governments. Contracts with commercial and nonprofit organizations shall be subject to the legislative lobbying prohibitions contained in FAR 31.205-22 and Office of Management and Budget Circular A-122, respectively.
3432.771 Provision for incremental funding.
The contracting officer shall insert the provision in 3452.232-71, Incremental Funding, in a solicitation if a cost-reimbursement contract using incremental funding is contemplated.