[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: 48CFR49]



[Page 933-934]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 49_TERMINATION OF CONTRACTS--Table of Contents

 

                     Subpart 49.1_General Principles

 

49.112-2  Final payment.



    (a) Negotiated settlement. After execution of a settlement 

agreement, the contractor shall submit a voucher or invoice showing the 

amount agreed upon, less any portion previously paid. The TCO shall 

attach a copy of the settlement agreement to the voucher or invoice and 

forward the documents to the disbursing officer for payment.

    (b) Settlement by determination. If the settlement is by 

determination and--

    (1) There is no appeal within the allowed time, the contractor shall 

submit a voucher or invoice showing the amount determined due, less any 

portion previously paid; or

    (2) There is an appeal, the contractor shall submit a voucher or 

invoice showing the amount finally determined due



[[Page 934]]



on the appeal, less any portion previously paid. Pending determination 

of any appeal, the contractor may submit vouchers or invoices for 

charges that are not directly involved with the portion being appealed, 

without prejudice to the rights of either party on the appeal.

    (c) Construction contracts. In the case of construction contracts, 

before forwarding the final payment voucher, the contracting officer 

shall ascertain whether there are any outstanding labor violations. If 

so, the contracting officer shall determine the amount to be withheld 

from the final payment (see subpart 22.4).

    (d) Interest. The Government shall not pay interest on the amount 

due under a settlement agreement or a settlement by determination. The 

Government may, however, pay interest on a successful contractor appeal 

from a contracting officer's determination under the Disputes clause at 

52.233-1.