# Subpart 532.9 - Prompt Payment

## 532.904 Determining payment due dates.

Payment due dates for construction contracts are addressed at FAR 32.904(d). The following procedures apply to construction and building service contracts:

1. (a) The amount of final payment must include, as appropriate, deductions to cover any of the following:

   1. (1) Liquidated damages for late completion.

   2. (2) Liquidated damages for labor violations.

   3. (3) Amounts withheld for improper payment of labor wages.

   4. (4) The amount of unilateral change orders covering defects and omissions.

   5. (5) The agreed-upon dollar amount in a Deficiency Report, which is included in all applicable Operation and Maintenance (O&M) service contracts.

2. (b) When the contract is for the performance of building services, the contracting officer shall include the clause at 552.232-72, Final Payment Under Building Services Contracts.

## 532.905 Payment documentation and process.

1. (a) Contractors are to submit invoices or vouchers to the contracting officer for approval. Invoices must be annotated with the date of receipt, as required by FAR 32.905. That date will be used to determine interest penalties for late payments. The contracting officer or designee must review the processing of invoices or vouchers before payment to determine if the items and amounts claimed are consistent with the contract terms and represent prudent business transactions. The contracting officer must ensure that these payments are commensurate with physical and technical progress under the contract. If the contractor has not deducted questionable amounts from the invoice or amounts required to be withheld, the contracting officer must make the required deduction, except as provided in 532.7203. Subject to 532.7201, the contracting officer must note approval of any payment on (or attached to) the invoice or voucher submitted by the contractor and forward the invoice or voucher to the appropriate contract finance office for retention after certification and scheduling for payment by a disbursing office.

2. (b) See GSAM 532.7203 for the handling of audit findings.

### 532.905-70 Final payment—construction and building service contracts.

The following procedures apply to construction and building service contracts:

1. (a) The Government shall pay the final amount due the Contractor under this contract after the documentation in the payment clauses of the contract is submitted. This includes the final release prescribed for construction at FAR 52.232-5, and for building services at GSAR 552.232-72.

2. (b) Contracting officers may not process the final payment on construction or building service contracts until the contractor submits a properly executed GSA Form 1142, Release of Claims, except as provided in paragraph (c) of this section

3. (c) In cases where, after 60 days from the initial attempt, the contracting officer is unable to obtain a release of claims from the contractor, the final payment may be processed with the approval of assigned legal counsel.

4. (d) The amount of final payment must include, as appropriate, deductions to cover any of the following:

   1. (1) Liquidated damages for late completion.

   2. (2) Liquidated damages for labor violations.

   3. (3) Amount withheld for improper payment of labor wages.

   4. (4) The amount of unilateral change orders covering defects and omissions.

## 532.908 Contract clauses.

1. (a) GSA has a FAR deviation that allows this agency to use the clause at 552.232-1, Payments, in lieu of the clause at FAR 52.232-1, Payments.

2. (b) General. Before exercising the authority to modify the date for constructive acceptance or constructive approval of progress payments in paragraph (a)(5)(i) of the clause at FAR 52.232-25, Prompt Payment, the contracting officer must prepare a written justification explaining why a longer period is necessary. An official one level above the contracting officer must approve the justification. The time needed should be determined on a case-by-case basis, but the specified constructive acceptance period shall not exceed 30 days.

3. (c) Stock, Special Order, and Schedules Programs.

   1. (1) GSA has obtained a FAR Deviation to authorize payment within 10 days of receipt of a proper invoice. The authority applies only to:

      1. (i) Orders placed by GSA under the referenced programs;

      2. (ii) That include FAR 52.232-33, Mandatory Information for Electronic Funds Transfer Payment; and

      3. (iii) For which the order is placed, and the contractor submits invoices, using EDI in accordance with the Trading Partner Agreement.

   2. (2) If the contract is for commercial items and will include FAR 52.212-4, use the clause with its Alternate II. If the contract is not for commercial items, use the clause at 552.232-25, Prompt Payment, instead of FAR 52.232-25.