Goto Section: 1.1901 | 1.1903 | Table of Contents

FCC 1.1902
Revised as of January 19, 2021
Goto Year:2020 | 2022
  §  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.,
   pp. 409-412).

   (f) Nothing in this subpart shall supersede or invalidate other
   Commission rules, such as the part 1 general competitive bidding rules
   (47 CFR part 1, subparts Q and AA) 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
   administrative costs.

   [ 69 FR 27848 , May 17, 2004, as amended at  76 FR 70909 , Nov. 16, 2011;
    85 FR 75814 , Nov. 25, 2020]

   


Goto Section: 1.1901 | 1.1903

Goto Year: 2020 | 2022
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