48 CFR § 232.1005-70 - 232.1005-70 Solicitation provisions and contract clauses.

---
identifier: "/us/cfr/t48/s232.1005-70"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 232.1005-70 - 232.1005-70   Solicitation provisions and contract clauses."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "232.1005-70"
section_name: "232.1005-70   Solicitation provisions and contract clauses."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "E"
subchapter_name: "GENERAL CONTRACTING REQUIREMENTS"
part_number: "232"
part_name: "CONTRACT FINANCING"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36409, July 31, 1991, unless otherwise noted."
cfr_part: "232"
---


# 232.1005-70 232.1005-70   Solicitation provisions and contract clauses.

(a) The contracting officer shall include the following clauses with appropriate fill-ins in solicitations and contracts that include performance-based payments:

(1) For performance-based payments made on a whole-contract basis, use the clause at 252.232-7012, Performance-Based Payments—Whole-Contract Basis.

(2) For performance-based payments made on a deliverable-item basis, use the clause at 252.232-7013, Performance-Based Payments—Deliverable-Item Basis.

(b) Use the provision at 252.232-7015, Performance-Based Payments—Representation, in solicitations where the resulting contract may include performance-based payments.

(c) Use the provision at 252.232-7016, Notice of Progress Payments or Performance-Based Payments, in lieu of FAR 52.232-13, Notice of Progress Payments, when the solicitation contains clauses for progress payments and performance-based payments (only one type of financing will be included in the resultant contract, except as may be authorized on separate orders subject to FAR 32.1003(c)).

[79 FR 17936, Mar. 31, 2014, as amended at 85 FR 19688, Apr. 8, 2020]