48 C.F.R. § 52.232-13

52.232-13 Notice of Progress Payments.

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As prescribed in 32.502-3(a), insert the following provision in invitations for bids and requests for proposals that include a Progress Payments clause:

Notice of Progress Payments (APR 1984)

The need for customary progress payments conforming to the regulations in subpart 32.5 of the Federal Acquisition Regulation (FAR) will not be considered as a handicap or adverse factor in the award of the contract. The Progress Payments clause included in this solicitation will be included in any resulting contract, modified or altered if necessary in accordance with subsection 52.232-16 and its Alternate I of the FAR. Even though the clause is included in the contract, the clause shall be inoperative during any time the contractor's accounting system and controls are determined by the Government to be inadequate for segregation and accumulation of contract costs.

(End of provision)

Notes of Decisions

Cited in 1 case, 1995–1995 · leading case: Aydin Corp. (West) v. Sheila E. Widnall, Sec'y of the Air Force, 61 F.3d 1571 (Fed. Cir. 1995).

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Aydin Corp. (West) v. Sheila E. Widnall, Sec'y of the Air Force, 61 F.3d 1571 (Fed. Cir. 1995). · cites it 2× “48 C.F.R. § 52.232-13 (1987). Far from incorporating FAR Part 32 wholesale into the contract, this regulation merely reassures the contractor that it will suffer no penalty for relying on progress payments to perform the contract.”

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