(a) Under Title 10 of the United States Code, the statutory authority implemented by this section is available to the Department of Defense and the National Aeronautics and Space Administration; this statutory authority is not available to 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(i)(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 , or performance-based payments under subpart .
(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, as amended at 72 FR 46363, Aug. 17, 2007]
Title 48 published on 2012-10-01
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