Request for Refund of Prompt Payment Discounts Not Offered in Bids or Contracts

The agency requested advice regarding the propriety of availing itself of prompt payment discounts set forth in invoices submitted by a contractor. Over a substantial period of time, the contractor offered in its invoices prompt payment discounts which were not offered in its bids nor specified in the resulting contracts. Since the contracting activity expedited payments to avail itself of the discounts, the discounts were properly taken and need not be refunded.