Regulations last checked for updates: Apr 25, 2024

Title 48 - Federal Acquisition Regulations System last revised: Apr 22, 2024
32.1003 - 32.1003 Criteria for use.

The contracting officer may use performance-based payments for individual orders and contracts provided—

(a) The contracting officer and offeror agree on the performance-based payment terms;

(b) The contract, individual order, or line item is a fixed-price type;

(c) For indefinite delivery contracts, the individual order does not provide for progress payments; and

(d) For other than indefinite delivery contracts, the contract does not provide for progress payments.

[72 FR 73220, Dec. 26, 2007]
authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
source: 48 FR 42328, Sept. 19, 1983, unless otherwise noted.
cite as: 48 CFR 32.1003