32.1001  Policy.

FAC 2005-23 JANUARY 25, 2008

(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.