[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR32.006-1]



[Page 646]

 

            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 

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]



[[Page 647]]