52.232-15 Progress Payments Not Included
Source: FAR 52.232-15 on acquisition.gov
Bids that require progress payments in response to this solicitation will be rejected as nonresponsive—contractors must accept the stated payment terms.
Overview
FAR 52.232-15, "Progress Payments Not Included," is a solicitation provision used when progress payments are not offered as part of the contract. This clause informs bidders that the solicitation does not include a progress payments clause and that such a clause will not be added to the contract at award. Any bid that is conditioned on the inclusion of a progress payment clause will be considered nonresponsive and rejected. The provision is inserted as directed by FAR 32.502-3(c) when neither of the progress payment provisions in 32.502-3(a) or (b) apply.
Key Rules
- No Progress Payments Clause
- The solicitation explicitly states that progress payments will not be provided under the resulting contract.
- Nonresponsive Bids
- Bids that are contingent upon the inclusion of a progress payment clause will be rejected as nonresponsive.
Responsibilities
- Contracting Officers: Must include this provision in solicitations where progress payments are not offered and ensure noncompliant bids are rejected.
- Contractors: Must not condition their bids on the inclusion of a progress payment clause.
- Agencies: Must enforce the provision and ensure compliance during the solicitation and award process.
Practical Implications
- This provision clarifies payment expectations for bidders and prevents misunderstandings regarding progress payments.
- Contractors must ensure their bids comply with the solicitation's payment terms to avoid disqualification.
- Common pitfalls include submitting bids that request or require progress payments, which will result in rejection.
As prescribed in 32.502-3(c), insert the following provision in invitations for bids if the solicitation will not contain one of the provisions prescribed in 32.502-3 (a) and (b):
Progress Payments Not Included (Apr 1984)
A progress payments clause is not included in this solicitation, and will not be added to the resulting contract at the time of award. Bids conditioned upon inclusion of a progress payment clause in the resulting contract will be rejected as nonresponsive.
(End of clause)