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section32.110

Payment of subcontractors under cost-reimbursement prime contracts

Overview

This section establishes the specific conditions under which a Contracting Officer may reimburse a prime contractor for financing payments made to subcontractors under a cost-reimbursement contract.

Key Rules

  • Authorized Financing Types: Reimbursement is limited to payments made as customary progress payments (Subpart 32.5), commercial product/service financing (32.202-1), or performance-based payments (32.1003).
  • Rate Limitations: Progress payments must not exceed standard rates defined in FAR 32.501-1 unless "unusual progress payments" are formally approved.
  • Liquidation Compliance: Subcontractors must follow specific regulatory liquidation principles for both progress payments (FAR 32.503) and performance-based payments (FAR 32.1004(d)).
  • Contractual Requirement: The subcontract agreement must explicitly include the financing payment terms prescribed in FAR Part 32 to be eligible for reimbursement.

Practical Implications

  • Prime contractors must ensure their subcontracting agreements are strictly aligned with FAR Part 32 financing and liquidation standards to avoid the government withholding reimbursement for those costs.
  • Contracting Officers act as a gatekeeper, verifying that subcontractor financing mirrors government-approved methods before allowing the prime contractor to recover those outlays as allowable costs.

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