32.1110 Solicitation provision and contract clauses
Source: FAR 32.1110 on acquisition.gov
Contracting officers must carefully select and insert the appropriate payment clauses to ensure secure, timely, and compliant contract payments, especially regarding electronic funds transfer and third-party arrangements.
Overview
FAR 32.1110 provides detailed instructions for contracting officers on which solicitation provisions and contract clauses to include regarding payment methods, specifically electronic funds transfer (EFT) and third-party payments. The section ensures that contracts specify the correct payment clauses based on the contractor’s registration status in the System for Award Management (SAM), the use of third-party payment methods, nondomestic EFT mechanisms, and multiple payment arrangements. It also addresses the handling of EFT information and privacy requirements for sealed bids.
Key Rules
- EFT Clauses Based on SAM Registration
- Insert 52.232-33 if the contract requires SAM registration, unless exceptions apply. Use 52.232-34 if EFT is required but SAM registration is not.
- Nondomestic EFT Mechanisms
- Use a modified clause if the agency authorizes nondomestic EFT payments.
- Submission of EFT Information
- Insert 52.232-35 if EFT information is to be sent to an office other than the payment office.
- Third-Party Payments
- Insert 52.232-36 for contracts using third-party payment methods, and include the appropriate EFT clause as well.
- Multiple Payment Arrangements
- Use 52.232-37 and all applicable payment clauses if the contract allows for multiple payment methods by delivery order.
- Multiple Disbursing Offices
- Identify the correct EFT clause for each disbursing office and line item.
- EFT Information with Offers
- Insert 52.232-38 if EFT info is required pre-award, and ensure privacy for sealed bids.
Responsibilities
- Contracting Officers: Must select and insert the correct payment clauses based on contract specifics, agency procedures, and payment arrangements. Must ensure privacy of EFT information in sealed bids.
- Contractors: Must comply with EFT information submission requirements and maintain SAM registration if required.
- Agencies: May authorize nondomestic EFT mechanisms and set procedures for timing of EFT information submission.
Practical Implications
- Ensures proper and secure payment methods are established in contracts.
- Reduces payment delays and errors by clarifying requirements.
- Protects sensitive contractor payment information, especially in sealed bids.
- Common pitfalls include failing to insert the correct clauses or mishandling EFT information privacy.
(a) The contracting officer shall insert the clause at-
(1) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, in solicitations and contracts that include the provision at 52.204-7 System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless–
(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or
(ii) An exception listed in 32.1103(a) through (i) applies.
(2)
(i) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management, in solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7, System for Award Management, or a similar agency clause that requires the contractor to be registered in the SAM.
(ii)
(A) If permitted by agency procedures, the contracting officer may insert in paragraph (b)(1) of the clause, a particular time after award, such as a fixed number of days, or event such as the submission of the first request for payment.
(B) If no agency procedures are prescribed, the time period inserted in paragraph (b)(1) of the clause shall be "no later than 15 days prior to submission of the first request for payment."
(b) If the head of the agency has authorized, in accordance with 32.1106, to use a nondomestic EFT mechanism, the contracting officer shall insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism.
(c) If EFT information is to be submitted to other than the payment office in accordance with agency procedures, the contracting officer shall insert in solicitations and contracts the clause at 52.232-35, Designation of Office for Government Receipt of Electronic Funds Transfer Information, or a clause substantially the same as 52.232-35 that clearly informs the contractor where to send the EFT information.
(d) If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, then the contracting officer shall insert the clause at 52.232-36, Payment by Third Party, in solicitations and contracts. Payment by a purchase card may also be made under a contract that does not contain the clause at 52.232-36, to the extent the contractor agrees to accept that method of payment. When the clause at 52.232-36 is included in a solicitation or contract, the contracting officer shall also insert the clause at 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management, as appropriate.
(e) If the contract or agreement provides for the use of delivery orders, and provides that the ordering office designate the method of payment for individual orders, the contracting officer shall insert, in the solicitation and contract or agreement, the clause at 52.232-37, Multiple Payment Arrangements, and, to the extent they are applicable, the clauses at-
(1) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management;
(2) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management; and
(3) 52.232-36, Payment by Third Party.
(f) If more than one disbursing office will make payment under a contract or agreement, the contracting officer, or ordering office (if the contract provides for choices between EFT clauses on individual orders or classes of orders), shall include or identify the EFT clause appropriate for each office and shall identify the applicability by disbursing office and line item.
(g) If the solicitation contains the clause at 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management, and an offeror is required to submit EFT information prior to award-
(1) The contracting officer shall insert in the solicitation the provision at 52.232-38, Submission of Electronic Funds Transfer Information with Offer, or a provision substantially the same; and
(2) For sealed bid solicitations, the contracting officer shall amend 52.232-38 to ensure that a bidder’s EFT information-
(i) Is not a part of the bid to be opened at the public opening; and
(ii) May not be released to members of the general public who request a copy of the bid.