[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR32.006-1]

[Page 622-623]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 32_CONTRACT FINANCING--Table of Contents
 
Sec.  32.006-1  General.

    (a) Under Title 10 of the United States Code, the statutory 
authority implemented by this section is available only to the 
Department of Defense; this statutory authority is not available to the 
National Aeronautics and Space Administration or the United States Coast 
Guard. Under the Federal Property and Administrative Services Act (41 
U.S.C. 255), this statutory authority is available to all agencies 
subject to that Act.
    (b) 10 U.S.C. 2307(h)(2) and 41 U.S.C. 255, as amended by the 
Federal Acquisition Streamlining Act of 1994, Public Law 103-355, 
provide for a reduction or suspension of further payments to a

[[Page 623]]

contractor when the agency head determines there is substantial evidence 
that the contractor's request for advance, partial, or progress payments 
is based on fraud. This authority does not apply to commercial interim 
payments under subpart 32.2, or performance-based payments under subpart 
32.10.
    (c) The agency head may not delegate his or her responsibilities 
under these statutes below Level IV of the Executive Schedule.
    (d) Authority to reduce or suspend payments under these statutes is 
in addition to other Government rights, remedies, and procedures.
    (e) In accordance with these statutes, agency head determinations 
and decisions under this section may be made for an individual contract 
or any group of contracts affected by the fraud.

[60 FR 49728, Sept. 26, 1995]