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  • Question

    Who has authority to approve the final invoice?


    Answer

    The simple answer is: the Contracting Officer has the authority to approve the final invoice for a fixed price construction contract.  The terms and conditions are established by the contract and the clause at FAR 52.232-5, Payment under Fixed-price Construction Contracts is applicable to this situation. The clause (FAR 52.232-5(b)) only references "...as determined by the Contracting Officer...as approved by the Contracting Officer." FAR 52.232-5(h) addresses final payment but does not assign responsibility.  However, if no reference is made in the FAR/DFARS as to responsibility for a particular action, then in accordance with FAR 1.108(f), the contracting officer is responsible. References to progress payments and final payment for construction contracts in FAR Part 32 also places responsibility with the Contracting Officer. 
     
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