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Contract Financing
Theresa A. StevensTheresa A. StevensMarch 12, 2007March 12, 2007
Part 2
Non-Commercial Item Purchase Financing
FAR Subpart 32.1
PIP Level II Presentation
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What Is A Non-commercialized Acquisition
An acquisition where services or supplies are purchased by the government that are unique and uncommon to any other entity
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What is Contract Financing?
Contract Financing is a “Payment”
It is an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or
services by the Government
Reference: FAR 32.001(1)
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Contract Financing “Payments” Do Not Include:
Invoice Payments
Payments For Partial Deliveries
Lease And Rental Payments
Reference: FAR 32.001 (2)
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Contract Financing
When? It is in the best interest of the government.
Why? It may be the demand of the market and without
it the government may not be able to meet the
requirement.
Reference: FAR 32.106 and 32.113
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Only to the extent actually needed for prompt and efficient performance
Administer to aid the acquisition, not impede it
Avoid any undue risk of monetary loss to the Government
Include the form of contract financing deemed to be in the Government’s best interest in the solicitation
Monitor the contractor’s use of the contract financing provided and the contractor’s financial status
Conditions for Contract Financing
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Need for Contract Financing Not a Deterrent
The contracting officer shall not treat the contractor’s need for contract financing as a handicap for a contract award, as a responsibility factor, or as an evaluation criterion
The contractor should not be disqualified from contract financing solely because the contractor failed to indicate a need for contract financing before the contract was awarded
Reference: FAR 32.107
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Conditions for Financing Noncommercial Purchases
The contractor must demonstrate an actual financial need or unavailability of private funding
Reference: FAR 32.104
Large Business
Small
Business
Small Disadvantage
Value of Contract $2.5M $100,000 $50,000
Lead Time 6 Months 4 Months 4 Months
Payment Rates
(Percentage of Cost)
80% 85% 90%
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Risks
In establishing contract financing terms, the contracting officer must be aware of certain risks
When the Government decides to finance a procurement, it assumes both repayment and non-performance risks
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Mitigate Risks
Repayment Risks can be mitigated by using security provisions in the solicitation and clauses in the contract
Nonperformance risks can be minimized by selecting the appropriate contractor and assuring that the financing method fits the procurement
Repayment and nonperformance risks can be considerably lowered by requiring security
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Types of Security
The offeror’s financial condition is a type of security
Paramount lien on specified assets Irrevocable letters of credit from a Federally insured
financial institution
A bond from an acceptable surety Other assets described in FAR parts 28.203-2,
28.203-3, and 28.204
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Types of Financing for Non-commercial Items
Order of Preference
Private Funding without a Govt Guarantee Customary Contract Financing Loan Guarantees Unusual Contract Financing Advance Payments
Reference: FAR 32.106, FAR 32.113, FAR 32.114, FAR 32.1001
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The contractor secures his own financing without a government guarantee
Private Funding
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Customary Contract Financing
Performance-based
Payments
Progress Payments
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Performance-Based Payments
Performance-based payments are customary contract financing payments made on the basis of:
Performance measured by an objective, and/or quantifiable method
Accomplishment of defined event(s)
Other quantifiable measures of results
Reference: FAR 32.102
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Progress Payments Based on Cost
Progress payments based on costs are made on the basis of costs incurred by the contractor as work progresses under the contract.
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Progress Payments Based on Cost Do Not Include
Payments based on the percentage or stage of completion accomplished
Payments for partial deliveries accepted by the Government
Partial payments for a contract termination proposal
Performance-based payments
Reference: FAR 32.102
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Progress Payments Based on a Percentage or Stage of Completion
Authorized only for construction, shipbuilding and ship conversion, alteration or repair
Basically the contractor does 25% of the work and is paid for that 25%, up to a cumulative amount of no more than 80% of the contract price for large businesses, 85% for small businesses and 90% for a small disadvantage business
Reference: FAR 32.101, FAR 32.102
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Loan Guarantees
Are made by Federal Reserve banks, on behalf of designated guaranteeing agencies, to enable contractors to obtain financing from private sources under contracts for the acquisition of supplies or services for the national defense.
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Unusual Contract Financing
Any contract financing arrangement that deviates from customary contract financing is unusual contract financing
Unusual contract financing shall be authorized only after approval by the head of the agency
Reference: FAR 32.114
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Advance Payments
Are advances of money by the Government to a prime contractor before, in anticipation of, and for the purpose of complete performance under one or more contracts
Advance payments can be authorized for fixed-price or cost reimbursement contracts for supplies or services
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RequirementStarts the process
Determine Whether to provide for financing
in the solicitation
What does the market bare? Is it necessary? What are the risks, can they be mitigated?
If No select and incorporate nonfinancing provisions in the
solicitation
NOYES
Select a Method of Financing
Justify the Selected Method
Incorporate provision to solicit financing terms
from offerors in the solicitation
52.232-31, Invitation to propose financing terms
Determine whether to restrict its availability
to small business concerns
Is it in the best interest to the government?
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More Clauses and Provisions for Noncommercial Items
FAR 52.232-12, Advance Payments FAR 52.232-13, Notice of Progress Payments FAR 52.232-16, Progress Payments FAR 52.232-28, Invitation to Propose Performance-
Based Payments FAR 52.232-32, Performance-Based Payments FAR 32.113, Customary Contract Financing FAR 52.232-31, Invitation to Propose Financing
Terms
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Questions?