[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR32.111]

[Page 628-629]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 32_CONTRACT FINANCING--Table of Contents
 
           Subpart 32.1_Non-Commercial Item Purchase Financing
 
Sec.  32.111  Contract clauses for noncommercial purchases.

    (a) The contracting officer shall insert the following clauses, 
appropriately modified with respect to payment due dates, in accordance 
with agency regulations--
    (1) The clause at 52.232-1, Payments, in solicitations and contracts 
when a fixed-price supply contract, a fixed-price service contract, or a 
contract for nonregulated communication services is contemplated;
    (2) The clause at 52.232-2, Payment under Fixed-Price Research and 
Development Contracts, in solicitations and contracts when a fixed-price 
research and development contract is contemplated;
    (3) The clause at 52.232-3, Payments under Personal Services 
Contracts, in solicitations and contracts for personal services;
    (4) The clause at 52.232-4, Payments under Transportation Contracts 
and Transportation-Related Services Contracts, in solicitations and 
contracts for transportation or transportation-related services;
    (5) The clause at 52.232-5, Payments under Fixed-Price Construction 
Contracts, in solicitations and contracts for construction when a fixed-
price contract is contemplated; and
    (6) The clause at 52.232-6, Payments under Communication Service 
Contracts with Common Carriers, in solicitations and contracts for 
regulated communication services by common carriers.
    (b) The contracting officer shall insert the clause at 52.232-7, 
Payments under Time-and-Materials and Labor-Hour Contracts, 
appropriately modified with respect to payment due dates in accordance 
with agency regulations, in solicitations and contracts when a time-and-
materials or labor-hour contract is contemplated. If (i) the nature of 
the work to be performed requires the contractor to furnish material 
that is regularly sold to the general public in the normal course of 
business by the contractor and (ii) the price is under the limitations 
prescribed in 16.601(b)(3), the contracting officer shall use the clause 
with its Alternate I. If a labor-hour contract is contemplated, and if 
no specific reimbursement for materials furnished is intended, the 
contracting officer may use the clause with its Alternate II.
    (c) The contracting officer shall insert the following clauses, 
appropriately modified with respect to payment due dates in accordance 
with agency regulations:
    (1) The clause at 52.232-8, Discounts for Prompt Payment, in 
solicitations and contracts when a fixed-price supply contract or fixed-
price service contract is contemplated.
    (2) A clause, substantially the same as the clause at 52.232-9, 
Limitation on Withholding of Payments, in solicitations and contracts 
when a supply contract, research and development contract, service 
contract, time-and-materials contract, or labor-hour contract is 
contemplated that includes two or more terms authorizing the temporary 
withholding of amounts otherwise payable to the contractor for supplies 
delivered or services performed.

[[Page 629]]

    (d) The contracting officer shall insert the following clauses, 
appropriately modified with respect to payments due dates in accordance 
with agency regulations:
    (1) The clause at 52.232-10, Payments under Fixed-Price Architect-
Engineer Contracts, in fixed-price architect-engineer contracts.
    (2) The clause at 52.232-11, Extras, in solicitations and contracts 
when a fixed-price supply contract, fixed-price service contract, or a 
transportation contract is contemplated.

[48 FR 42328, Sept. 19, 1983, as amended at 51 FR 2665, Jan. 17, 1986; 
60 FR 49711, Sept. 26, 1995]