32.112-2
Subcontractor requests for information
Subcontractors on non-commercial federal contracts can request and promptly receive payment status information from the contracting officer, unless the information is classified.
Overview
FAR 32.112-2 establishes the process by which subcontractors or suppliers, under federal contracts (excluding those for commercial products or services), can request information from the contracting officer regarding the payment status between the government and the prime contractor. Specifically, upon request, the contracting officer must promptly inform the subcontractor or supplier whether the prime contractor has submitted requests for progress or other payments, and whether final payment has been made to the prime. However, this obligation does not extend to information that is classified under an Executive order for reasons of national defense or foreign policy.
Key Rules
- Subcontractor Right to Information
- Subcontractors and suppliers may request payment status information from the contracting officer on non-commercial contracts.
- Contracting Officer Response
- The contracting officer must promptly provide information on whether the prime has submitted payment requests and whether final payment has been made.
- Classified Information Exception
- The requirement does not apply to information classified under an Executive order for national defense or foreign policy reasons.
Responsibilities
- Contracting Officers: Must respond promptly to eligible subcontractor or supplier requests for payment status, unless the information is classified.
- Contractors: Should be aware that subcontractors may seek this information and that it may be disclosed by the government.
- Agencies: Must ensure contracting officers are aware of and comply with these requirements, and protect classified information as required.
Practical Implications
- This rule exists to promote transparency and protect subcontractors from nonpayment by prime contractors.
- It helps subcontractors verify whether payment delays are due to government or prime contractor actions.
- Common issues include delays in contracting officer response or confusion over what information can be released due to classification.