32.906 Making payments.

(a) General. The Government will not make invoice payments earlier than 7 days prior to the due dates specified in the contract unless the agency head determines-

(1) To make earlier payment on a case-by-case basis; or

(2) That the use of accelerated payment methods are necessary (see 32.903(a)(5)).

(b) Payment office. The designated payment office-

(1) Will mail checks on the same day they are dated;

(2) For payments made by EFT, will specify a date on or before the established due date for settlement of the payment at a Federal Reserve Bank;

(3) When the due date falls on a Saturday, Sunday, or legal holiday when Government offices are closed, may make payment on the following working day without incurring a late payment interest penalty.

(4) When it is determined that the designated billing office erroneously rejected a proper invoice and upon resubmission of the invoice, will enter in the payment system the original date the invoice was received by the designated billing office for the purpose of calculating the correct payment due date and any interest penalties that may be due.

(1) Contracting officers must, where the nature of the work permits, write contract statements of work and pricing arrangements that allow contractors to deliver and receive invoice payments for discrete portions of the work as soon as completed and found acceptable by the Government (see 32.102(d)).

(2) Unless specifically prohibited by the contract, the clause at 52.232-1, Payments, provides that the contractor is entitled to payment for accepted partial deliveries of supplies or partial performance of services that comply with all applicable contract requirements and for which prices can be calculated from the contract terms.

(d) Contractor identifier. Each payment or remittance advice will use the contractor invoice number in addition to any Government or contract information in describing any payment made.

(e) Discounts. When a discount for prompt payment is taken, the designated payment office will make payment to the contractor as close as possible to, but not later than, the end of the discount period. The discount period is specified by the contractor and is calculated from the date of the contractor's proper invoice. If the contractor has not placed a date on the invoice, the due date is calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. When the discount date falls on a Saturday, Sunday, or legal holiday when Government offices are closed, the designated payment office may make payment on the following working day and take a discount. Payment terms are specified in the clause at 52.232-8, Discounts for Prompt Payment.

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, DC 20301-3000

AUG 3 2010

In reply refer to

DAR Tracking Number: 2010-E0001

MEMORANDUM FOR COMMNDER UNITED STATES TRANSPORTATION COMMAND (ATTN: ACQUISITION EXECUTIVE)

SUBJECT: Class Deviation - Early Payments for Civilian Reserve Air Fleet (CRAF) Contracts

Effective October 1, 2010, this class deviation extends the authority for the United States Transportation Command (USTRANSCOM) to deviate from the requirements of FAR 32.906(a), Making Payments, to permit payments to air carriers in the CRAF program earlier than seven days prior to the later of (a) the 30th day after Government receipt of a proper invoice, or (b) the 30th day after the Government accepts the supplies/services is extended. This is an extension of the same authority previously granted under class deviation 2007-O0006.

Use by USTRANSCOM of this class deviation is contingent upon the following conditions:

- The negotiated payment terms do not provide for payments earlier than required by established commercial practices.

- Contract negotiations reflect an appropriate adjustment to profit in consideration of the early payments.

The deviation is effective until March 31, 2013, unless it is otherwise rescinded. My point of contact for this matter is Ms. Mary Overstreet, 703-602-0311 or mary.overstreet@osd.mil.

(signed by)

Shay D. Assad

Director, Defense Procurement and Acquisition Policy