ShawnT

Performance-based payments law vs. reg

2 posts in this topic

10 USC 2307 (b) (2) states "Performance-based payments shall not be conditioned upon costs incurred in contract performance but on the achievement of performance outcomes listed in paragraph (1)."  

DFARS 252.232-7012 Performance-Based Payments–Whole-Contract Basis has a table that is to be completed for supporting data.  Item (2) requests "Total costs incurred to date;"  

Can anyone offer a rationale why the DFARS require this information when the statute prohibits the use of it?

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