C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 32—CONTRACT FINANCING › Subpart 32.6—Contract Debts

48 C.F.R. § 32.611

32.611 Contract clause.

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(a) The contracting officer shall insert the clause at 52.232—17, Interest, in solicitations and contracts unless it is contemplated that the contract will be in one or more of the following categories:

(1) Contracts at or below the simplified acquisition threshold.

(2) Contracts with Government agencies.

(3) Contracts with a State or local government or instrumentality.

(4) Contracts with a foreign government or instrumentality.

(5) Contracts without any provision for profit or fee with a nonprofit organization.

(6) Contracts described in Subpart 5.5, Paid Advertisements.

(7) Any other exceptions authorized under agency procedures.

(b) The contracting officer may insert the FAR clause at 52.232-17, Interest, in solicitations and contracts when it is contemplated that the contract will be in any of the categories specified in 32.611(a).

Notes of Decisions
Cited in 3 cases, 1997–2005 · leading case: H.T. Johnson, Acting Sec'y of the Navy v. All-State Constr., Inc., 329 F.3d 848 (Fed. Cir. 2003).
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H.T. Johnson, Acting Sec'y of the Navy v. All-State Constr., Inc., 329 F.3d 848 (Fed. Cir. 2003). · cites it 2× “48 C.F.R. § 32.611 (1994). 3 The very existence of § 32.”
Greenhill Reforestation, Inc. v. United States, 39 Fed. Cl. 683 (Fed. Cl. 1997). · cites it 2× “The disbursing officer shall give the contractor an explanation of the setoff.”
Dunn & Black, P.S. v. United States, 366 F. Supp. 2d 1008 (E.D. Wash. 2005). “102 (a)(3) (GSA can setoff amounts due to the United States from ongoing payments to carriers); Federal Acquisition Regulation, 48 C.F.R. §§ 32.611 , 32.612 (1992) (United States can setoff obligations between itself and parties contracting with the United States).”
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