CFR /  Title 48  /  Part 32  /  32.1003 Criteria for use.

The contracting officer may use performance-based payments for individual orders and contracts provided--

(a) The contracting officer and offeror agree on the performance-based payment terms;

(b) The contract, individual order, or line item is a fixed-price type;

(c) For indefinite delivery contracts, the individual order does not provide for progress payments; and

(d) For other than indefinite delivery contracts, the contract does not provide for progress payments. [72 FR 73220, Dec. 26, 2007]