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Current as of January 02, 2025 | Updated by Findlaw Staff
Advance payments may be considered useful and appropriate for the following:
(a) Contracts for experimental, research, or development work with nonprofit educational or research institutions.
(b) Contracts solely for the management and operation of Government-owned plants.
(c) Contracts for acquisition, at cost, of property for Government ownership.
(d) Contracts of such a highly classified nature that the agency considers it undesirable for national security to permit assignment of claims under the contract.
(e) Contracts entered into with financially weak contractors whose technical ability is considered essential to the agency. In these cases, the agency shall closely monitor the contractor's performance and financial controls to reduce the Government's financial risk.
(f) Contracts for which a loan by a private financial institution is not practicable, whether or not a loan guarantee under this part is issued; for example, if—
(1) Financing institutions will not assume a reasonable portion of the risk under a guaranteed loan;
(2) Loans with reasonable interest rates or finance charges are not available to the contractor; or
(3) Contracts involve operations so remote from a financial institution that the institution could not be expected to suitably administer a guaranteed loan.
(g) Contracts with small business concerns, under which circumstances that make advance payments appropriate often occur (but see 32.104(b)).
(h) Contracts under which exceptional circumstances make advance payments the most advantageous contract financing method for both the Government and the contractor.
Cite this article: FindLaw.com - Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.32.403 Applicability - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-48-federal-acquisition-regulations-system/cfr-48-32-403/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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