[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: 48CFR32.006-4]



[Page 647-648]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 32_CONTRACT FINANCING--Table of Contents

 

Sec. 32.006-4  Procedures.



    (a) In any case in which an agency's remedy coordination official 

finds substantial evidence that a contractor's request for advance, 

partial, or progress payments under a contract awarded by that agency is 

based on fraud, the remedy coordination official shall recommend that 

the agency head reduce or suspend further payments to the contractor. 

The remedy coordination official shall submit to the agency head a 

written report setting forth the remedy coordination official's findings 

that support each recommendation.

    (b) Upon receiving a recommendation from the remedy coordination 

official under paragraph (a) of this subsection, the agency head shall 

determine whether substantial evidence exists that the request for 

payment under a contract is based on fraud.

    (c) If the agency head determines that substantial evidence exists, 

the agency head may reduce or suspend further payments to the contractor 

under the affected contract(s). Such reduction or suspension shall be 

reasonably commensurate with the anticipated loss to the Government 

resulting from the fraud.

    (d) In determining whether to reduce or suspend further payment(s), 

as a minimum, the agency head shall consider--

    (1) A recommendation from investigating officers that disclosure of 

the allegations of fraud to the contractor may compromise an ongoing 

investigation;

    (2) The anticipated loss to the Government as a result of the fraud;

    (3) The contractor's overall financial condition and ability to 

continue performance if payments are reduced or suspended;

    (4) The contractor's essentiality to the national defense, or to the 

execution of the agency's official business; and

    (5) Assessment of all documentation concerning the alleged fraud, 

including documentation submitted by the contractor in its response to 

the notice required by paragraph (e) of this subsection.

    (e) Before making a decision to reduce or suspend further payments, 

the agency head shall, in accordance with agency procedures--

    (1) Notify the contractor in writing of the action proposed by the 

remedy coordination official and the reasons therefor (such notice must 

be sufficiently specific to permit the contractor to collect and present 

evidence addressing the aforesaid reasons); and

    (2) Provide the contractor an opportunity to submit information 

within a reasonable time, in response to the action proposed by the 

remedy coordination official.

    (f) When more than one agency has contracts affected by the fraud, 

the agencies shall consider designating one agency as the lead agency 

for making the determination and decision.

    (g) The agency shall retain in its files the written justification 

for each--

    (1) Decision of the agency head whether to reduce or suspend further 

payments; and

    (2) Recommendation received by an agency head in connection with 

such decision.

    (h) Not later than 180 calendar days after the date of the reduction 

or suspension action, the remedy coordination official shall--

    (1) Review the agency head's determination on which the reduction or 

suspension decision is based; and



[[Page 648]]



    (2) Transmit a recommendation to the agency head as to whether the 

reduction or suspension should continue.



[60 FR 49729, Sept. 26, 1995]