Goto Section: 1.1901 | 1.1903 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 1.1902 Exceptions.
(a) Claims arising from the audit of transportation accounts pursuant
to 31 U.S.C. 3726 shall be determined, collected, compromised,
terminated or settled in accordance with regulations published under
the authority of 31 U.S.C. 3726 (see 41 CFR part 102-118).
(b) Claims arising out of acquisition contracts subject to the Federal
Acquisition Regulations (FAR) shall be determined, collected,
compromised, terminated, or settled in accordance with those
regulations. (See 48 CFR part 32). If not otherwise provided for in the
FAR, contract claims that have been the subject of a contracting
officer's final decision in accordance with section 6(a) of the
Contract Disputes Act of 1978 (41 U.S.C. 7103), may be determined,
collected, compromised, terminated or settled under the provisions of
this regulation, except that no additional review of the debt shall be
granted beyond that provided by the contracting officer in accordance
with the provisions of section 6 of the Contract Disputes Act of 1978
(41 U.S.C. 7103), and the amount of any interest, administrative
charge, or penalty charge shall be subject to the limitations, if any,
contained in the contract out of which the claim arose.
(c) Claims based in whole or in part on conduct in violation of the
antitrust laws, or in regard to which there is an indication of fraud,
the presentation of a false claim, or a misrepresentation on the part
of the debtor or any other party having an interest in the claim, shall
be referred to the Department of Justice (DOJ) as only the DOJ has
authority to compromise, suspend, or terminate collection action on
such claims. The standards in the FCCS relating to the administrative
collection of claims do apply, but only to the extent authorized by the
DOJ in a particular case. Upon identification of a claim based in whole
or in part on conduct in violation of the antitrust laws or any claim
involving fraud, the presentation of a false claim, or
misrepresentation on the part of the debtor or any party having an
interest in the claim, the Commission shall promptly refer the case to
the Department of Justice for action. At its discretion, the DOJ may
return the claim to the forwarding agency for further handling in
accordance with the standards in the FCCS.
(d) Tax claims are excluded from the coverage of this regulation.
(e) The Commission will attempt to resolve interagency claims by
negotiation in accordance with Executive Order 12146 (3 CFR 1980 Comp.,
(f) Nothing in this subpart shall supercede or invalidate other
Commission rules, such as the part 1 general competitive bidding rules
(47 CFR part 1, subpart Q) or the service specific competitive bidding
rules, as may be amended, regarding the Commission's rights, including
but not limited to the Commission's right to cancel a license or
authorization, obtain judgment, or collect interest, penalties, and
[ 69 FR 27848 , May 17, 2004, as amended at 76 FR 70909 , Nov. 16, 2011]
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Goto Section: 1.1901 | 1.1903
Goto Year: 2013 |
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