FAR 32.405 Applying Pub.L.85-804 to advance payments under sealed bid contracts

Section Federal Acquisition Regulation

Facts

Citation
FAR 32.405
Type
Section
Last amended
72 FR 63027 Effective Nov 7, 2007
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

(a) Actions that designated agencies may take to facilitate the national defense without regard to other provisions of law relating to contracts, as explained in 50.101-1(a), also include making advance payments. These advance payments may be made at or after award of sealed bid contracts, as well as negotiated contracts.

(b) Bidders may request advance payments before or after award, even if the invitation for bids does not contain an advance payment provision. However, the contracting officer shall reject any bid requiring that advance payments be provided as a basis for acceptance.

(c) When advance payments are requested, the agency may-

(1) Enter into the contract and provide for advance payments conforming to this part 32;

(2) Enter into the contract without providing for advance payments if the contractor does not actually need advance payments; or

(3) Deny award of the contract if the request for advance payments has been disapproved under 32.409-2 and funds adequate for performance are not otherwise available to the offeror.

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; FAR Case 2006-023, SAFETY Act: Implementation of DHS Regulations 72 FR 63027 · FAC 2005-21

Sections cited

Quick answers

What is FAR 32.405?

FAR 32.405 is a section of the Federal Acquisition Regulation, titled "Applying Pub.L.85-804 to advance payments under sealed bid contracts".

When was FAR 32.405 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; FAR Case 2006-023, SAFETY Act: Implementation of DHS Regulations" (72 FR 63027), published Nov 7, 2007 and effective Nov 7, 2007.

Are changes to FAR 32.405 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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