DFARS 232.102-70

(a) The contracting officer may establish provisional delivery payments to pay contractors for the costs of supplies and services delivered to and accepted by the Government under the following contract actions, if undefinitized: (1) Letter contracts contemplating a fixed-price contract. (2) Orders under basic ordering agreements. (3) Spares provisioning documents annexed to contracts. (4) Unpriced equitable adjustments on fixed-price contracts. (5) Orders under indefinite-delivery contracts. (b) Provisional delivery payments shall be— (1) Used sparingly; (2) Priced conservatively; and (3) Reduced by liquidating previous progress payments in accordance with the Progress Payments clause. (c) Provisional delivery payments shall not— (1) Include profit; (2) Exceed funds obligated for the undefinitized contract action; or (3) Influence the definitized contract price.

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