FAR 32.1110—Solicitation provision and contract clauses.
Plain-English Summary
FAR 32.1110 tells contracting officers which payment-related solicitation provisions and contract clauses must be included when the Government will pay by electronic funds transfer (EFT), by third-party payment method, or under multiple payment arrangements. It covers the use of 52.232-33 for contractors registered in SAM, 52.232-34 for EFT when SAM registration is not required, 52.232-35 when EFT data must go to an office other than the payment office, 52.232-36 for third-party payment such as a Governmentwide commercial purchase card, 52.232-37 for contracts or agreements with delivery orders and order-by-order payment choices, and 52.232-38 when EFT information must be submitted with the offer. It also addresses special cases such as nondomestic EFT mechanisms authorized by the agency head, and contracts with more than one disbursing office. In practice, this section is about making sure the solicitation and contract text matches the actual payment process so the Government can pay correctly, securely, and on time. It also protects offeror information in sealed bid procurements by keeping EFT data out of the public bid opening record. For contractors, the rule determines when they must register in SAM, when they must provide EFT data, and when they may be paid through a third party or purchase card arrangement.
Key Rules
Use SAM-based EFT clause
Insert 52.232-33 when the solicitation or contract includes the SAM registration provision at 52.204-7, or an agency clause requiring SAM registration and maintenance through final payment. Do not use it if payment will be made through a third-party arrangement or if a listed exception in 32.1103 applies.
Use non-SAM EFT clause
Insert 52.232-34 when EFT is required but the solicitation does not include 52.204-7 or a similar SAM-registration clause. This clause is the default EFT clause for awards where SAM registration is not the payment-condition trigger.
Set EFT timing correctly
If agency procedures allow, the contracting officer may specify a different deadline for submitting EFT information under 52.232-34, such as a fixed number of days after award or before the first payment request. If there are no agency procedures, the clause must require submission no later than 15 days before the first request for payment.
Address nondomestic EFT mechanisms
If the agency head has authorized a nondomestic EFT mechanism under 32.1106, the contracting officer must include a clause substantially the same as 52.232-33 or 52.232-34 that clearly explains the nondomestic EFT process. The clause must be tailored so the contractor understands how payment will work outside the normal domestic EFT framework.
Route EFT data properly
If agency procedures require EFT information to be sent somewhere other than the payment office, insert 52.232-35 or a substantially similar clause. The solicitation and contract must clearly tell the contractor where to submit the EFT information.
Use third-party payment clause
If payment will be made by charging a Government account with a third party, such as a Governmentwide commercial purchase card, insert 52.232-36. A purchase card may also be used without this clause if the contractor agrees, but if 52.232-36 is included, the contracting officer must also include the appropriate EFT clause.
Cover multiple payment arrangements
If the contract or agreement allows delivery orders and the ordering office can choose the payment method for individual orders, insert 52.232-37 and any applicable EFT or third-party clauses. This ensures the payment method can vary by order without leaving gaps in the contract language.
Identify multiple disbursing offices
If more than one disbursing office will make payments, the contracting officer or ordering office must identify the correct EFT clause for each office and show which clause applies by disbursing office and line item. This prevents payment errors when different offices handle different parts of the contract.
Protect EFT data in sealed bids
If 52.232-34 is used and the offeror must submit EFT information before award, the solicitation must include 52.232-38 or a similar provision. In sealed bid procurements, the provision must be amended so EFT information is not part of the publicly opened bid and cannot be released to the public.
Responsibilities
Contracting Officer
Select and insert the correct payment clause or provision based on the payment method, SAM registration requirement, third-party arrangement, nondomestic EFT authorization, number of disbursing offices, and whether EFT data must be submitted with the offer. Ensure the clause language matches agency procedures and protects sealed-bid EFT information from public disclosure.
Agency Head
Authorize use of a nondomestic EFT mechanism under 32.1106 when appropriate. Without this authorization, the contracting officer may not use a nondomestic EFT clause.
Ordering Office
When the contract or agreement allows order-level payment choices, designate the payment method for individual orders and, if applicable, identify the correct EFT clause for each order or class of orders.
Payment Office / Disbursing Office
Receive and process EFT information when designated by agency procedures, and coordinate with the contracting officer when more than one disbursing office will make payments under the contract.
Contractor / Offeror
Provide EFT information when required, register and maintain registration in SAM when the contract requires it, and comply with the payment method selected in the contract or order. If payment is by third-party arrangement or purchase card, accept that method as required by the contract or agreed by the parties.
Agency
Establish procedures for timing and routing of EFT information, and ensure contract templates and clause prescriptions support the agency’s payment processes.
Practical Implications
Getting the clause wrong can delay payment or create a noncompliant solicitation, especially when SAM registration, EFT timing, or third-party payment is involved.
Contracting officers should verify whether the award will be paid directly by EFT, through a purchase card, or through a third party before finalizing the solicitation; the clause set changes depending on that answer.
In contracts with delivery orders or multiple disbursing offices, the payment language must be mapped carefully to orders, offices, and line items to avoid confusion over who pays what and how.
If EFT information must be submitted before award, especially in sealed bid procurements, the contracting officer must protect that information from public disclosure and ensure it is not treated as part of the bid opening record.
A common pitfall is assuming 52.232-33 always applies whenever EFT is used; in fact, the correct clause depends on whether SAM registration is required and on the specific payment arrangement.
Official Regulatory Text
(a) The contracting officer shall insert the clause at- (1) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management, in solicitations and contracts that include the provision at 52.204-7 System for Award Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless– (i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or (ii) An exception listed in 32.1103 (a) through (i) applies. (2) (i) 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management, in solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7 , System for Award Management, or a similar agency clause that requires the contractor to be registered in the SAM. (ii) (A) If permitted by agency procedures, the contracting officer may insert in paragraph (b)(1) of the clause, a particular time after award, such as a fixed number of days, or event such as the submission of the first request for payment. (B) If no agency procedures are prescribed, the time period inserted in paragraph (b)(1) of the clause shall be "no later than 15 days prior to submission of the first request for payment." (b) If the head of the agency has authorized, in accordance with 32.1106 , to use a nondomestic EFT mechanism, the contracting officer shall insert in solicitations and contracts a clause substantially the same as 52.232-33 or 52.232-34 that clearly addresses the nondomestic EFT mechanism. (c) If EFT information is to be submitted to other than the payment office in accordance with agency procedures, the contracting officer shall insert in solicitations and contracts the clause at 52.232-35 , Designation of Office for Government Receipt of Electronic Funds Transfer Information, or a clause substantially the same as 52.232-35 that clearly informs the contractor where to send the EFT information. (d) If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, then the contracting officer shall insert the clause at 52.232-36 , Payment by Third Party, in solicitations and contracts. Payment by a purchase card may also be made under a contract that does not contain the clause at 52.232-36 , to the extent the contractor agrees to accept that method of payment. When the clause at 52.232-36 is included in a solicitation or contract, the contracting officer shall also insert the clause at 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34 , Payment by Electronic Funds Transfer-Other Than System for Award Management, as appropriate. (e) If the contract or agreement provides for the use of delivery orders, and provides that the ordering office designate the method of payment for individual orders, the contracting officer shall insert, in the solicitation and contract or agreement, the clause at 52.232-37 , Multiple Payment Arrangements, and, to the extent they are applicable, the clauses at- (1) 52.232-33 , Payment by Electronic Funds Transfer-System for Award Management; (2) 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management; and (3) 52.232-36 , Payment by Third Party. (f) If more than one disbursing office will make payment under a contract or agreement, the contracting officer, or ordering office (if the contract provides for choices between EFT clauses on individual orders or classes of orders), shall include or identify the EFT clause appropriate for each office and shall identify the applicability by disbursing office and line item. (g) If the solicitation contains the clause at 52.232-34 , Payment by Electronic Funds Transfer-Other than System for Award Management, and an offeror is required to submit EFT information prior to award- (1) The contracting officer shall insert in the solicitation the provision at 52.232-38 , Submission of Electronic Funds Transfer Information with Offer, or a provision substantially the same; and (2) For sealed bid solicitations, the contracting officer shall amend 52.232-38 to ensure that a bidder’s EFT information- (i) Is not a part of the bid to be opened at the public opening; and (ii) May not be released to members of the general public who request a copy of the bid.