FAR Section 52.232-12

52.232-9

FEDERAL ACQUISITION REGULATION

be conducted, payment may be made on the following business day.
(End of clause)
52.232-9 Limitation on Withholding of Payments.
As prescribed in 32.111(b)(2), insert a clause substantially
as follows, appropriately modified with respect to payment
due dates in accordance with agency regulations, in solicitations and contracts when a supply contract, service contract,
time-and-materials contract, labor-hour contract, or research
and development contract is contemplated that includes two
or more terms authorizing the temporary withholding of
amounts otherwise payable to the contractor for supplies
delivered or services performed:
LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
If more than one clause or Schedule term of this contract
authorizes the temporary withholding of amounts otherwise
payable to the Contractor for supplies delivered or services
performed, the total of the amounts withheld at any one time
shall not exceed the greatest amount that may be withheld
under any one clause or Schedule term at that time; provided,
that this limitation shall not apply to—
(a) Withholdings pursuant to any clause relating to wages
or hours of employees;
(b) Withholdings not specifically provided for by this
contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting
Officer determines that this limitation is inappropriate.
(End of clause)
52.232-10 Payments under Fixed-Price ArchitectEngineer Contracts.
As prescribed in 32.111(c)(1), insert the following clause:
PAYMENTS UNDER FIXED-PRICE ARCHITECT-ENGINEER
CONTRACTS (AUG 1987)
(a) Estimates shall be made monthly of the amount and
value of the work and services performed by the Contractor
under this contract which meet the standards of quality established under this contract. The estimates shall be prepared by
the Contractor and accompanied by any supporting data
required by the Contracting Officer.
(b) Upon approval of the estimate by the Contracting
Officer, payment upon properly executed vouchers shall be
made to the Contractor, as soon as practicable, of 90 percent
of the approved amount, less all previous payments; provided,
that payment may be made in full during any months in which
the Contracting Officer determines that performance has been
satisfactory. Also, whenever the Contracting Officer determines that the work is substantially complete and that the
52.2-202

(FAC 2005–15 Addendum)

amount retained is in excess of the amount adequate for the
protection of the Government, the Contracting Officer may
release the excess amount to the Contractor.
(c) Upon satisfactory completion by the Contractor and
acceptance by the Contracting Officer of the work done by the
Contractor under the “Statement of Architect-Engineer Services,” the Contractor will be paid the unpaid balance of any
money due for work under the statement, including retained
percentages relating to this portion of the work. Upon satisfactory completion and final acceptance of the construction
work, the Contractor shall be paid any unpaid balance of
money due under this contract.
(d) Before final payment under the contract, or before settlement upon termination of the contract, and as a condition
precedent thereto, the Contractor shall execute and deliver to
the Contracting Officer a release of all claims against the Government arising under or by virtue of this contract, other than
any claims that are specifically excepted by the Contractor
from the operation of the release in amounts stated in the
release.
(e) Notwithstanding any other provision in this contract,
and specifically paragraph (b) of this clause, progress payments shall not exceed 80 percent on work accomplished on
undefinitized contract actions. A “contract action” is any
action resulting in a contract, as defined in FAR Subpart 2.1,
including contract modifications for additional supplies or
services, but not including contract modifications that are
within the scope and under the terms of the contract, such as
contract modifications issued pursuant to the Changes clause,
or funding and other administrative changes.
(End of clause)
52.232-11 Extras.
As prescribed in 32.111(c)(2), insert the following clause,
appropriately modified with respect to payment due dates in
accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service
contract, or transportation contract is contemplated:
EXTRAS (APR 1984)
Except as otherwise provided in this contract, no payment
for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.
(End of clause)
52.232-12 Advance Payments.
As prescribed in 32.412(a), insert the following clause:
ADVANCE PAYMENTS (MAY 2001)
(a) Requirements for payment. Advance payments will be
made under this contract (1) upon submission of properly certified invoices or vouchers by the Contractor, and approval by

SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES
the administering office, ________ [insert the name of the
office designated under agency procedures], or (2) under a
letter of credit. The amount of the invoice or voucher submitted plus all advance payments previously approved shall not
exceed $_______. If a letter of credit is used, the Contractor
shall withdraw cash only when needed for disbursements
acceptable under this contract and report cash disbursements
and balances as required by the administering office. The

52.232-12
Contractor shall apply terms similar to this clause to any
advance payments to subcontractors.
(b) Special account. Until (1) the Contractor has liquidated
all advance payments made under the contract and related
interest charges and (2) the administering office has approved
in writing the release of any funds due and payable to the Contractor, all advance payments and other payments under this

(FAC 2005–15) 52.2-202.1