FAC Number: 2022-08
Effective Date: 10/28/2022

32.1001 Policy.

      (a) Performance-based payments are the preferred Government financing method when the contracting officer finds them practical, and the contractor agrees to their use.

      (b) Performance-based payments are contract financing payments that are not payment for accepted items.

      (c) Performance-based payments are fully recoverable, in the same manner as progress payments, in the event of default.

      (d) Performance-based payments are contract financing payments and, therefore, are not subject to the interest-penalty provisions of prompt payment (see subpart  32.9). These payments shall be made in accordance with agency policy.

      (e) Performance-based payments shall not be used for-

           (1) Payments under cost-reimbursement line items;

           (2) Contracts for architect-engineer services or construction, or for shipbuilding or ship conversion, alteration, or repair, when the contracts provide for progress payments based upon a percentage or stage of completion; or

           (3) Contracts awarded through sealed bid procedures.

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