32.202-1 Policy.

(a) Use of financing in contracts. It is the responsibility of the contractor to provide all resources

needed for performance of the contract. Thus, for purchases of commercial products or commercial

services, financing of the contract is normally the contractor’s responsibility. However, in some

markets the provision of financing by the buyer is a commercial practice. In these circumstances,

the contracting officer may include appropriate financing terms in contracts for commercial

purchases when doing so will be in the best interest of the Government.

(b) Authorization. Commercial interim payments and commercial advance payments may be made

under the following circumstances-

(1) The contract item financed is a commercial supply or service;

(2) The contract price exceeds the simplified acquisition threshold;

(3) The contracting officer determines that it is appropriate or customary in the commercial

marketplace to make financing payments for the item;

(4) Authorizing this form of contract financing is in the best interest of the Government (see

paragraph (e) of this sub-section);

(5) Adequate security is obtained (see 32.202-4);

(6) Prior to any performance of work under the contract, the aggregate of commercial advance

payments shall not exceed 15 percent of the contract price;

(7) The contract is awarded on the basis of competitive procedures or, if only one offer is solicited,

adequate consideration is obtained (based on the time value of the additional financing to be

provided) if the financing is expected to be substantially more advantageous to the offeror than the

offeror’s normal method of customer financing; and

(8) The contracting officer obtains concurrence from the payment office concerning liquidation

provisions when required by 32.206(e).

(c) Difference from other than commercial financing. Government financing of commercial

purchases under this subpart is expected to be different from that used for other than commercial

purchases under subpart 32.1 and its related subparts. While the contracting officer may adapt

techniques and procedures from the other than commercial subparts for use in implementing

commercial contract financing arrangements, the contracting officer must have a full understanding

of effects of the differing contract environments and of what is needed to protect the interests of the

Government in commercial contract financing.

(d) Unusual contract financing. Any contract financing arrangement not in accord with the

requirements of agency regulations or this part is unusual contract financing and requires advance

approval in accordance with agency procedures. If not otherwise specified, such unusual contract

financing shall be approved by the head of the contracting activity.

(e) Best interest of the Government. The statutes cited in 32.201 do not allow contract financing by

the Government unless it is in the best interest of the United States. Agencies may establish

standards to determine whether contract financing is in the best interest of the Government. These
standards may be for certain types of procurements, certain types of items, or certain dollar levels of

procurements.

Parent topic: 32.202 General.