2011 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy (§§ 101 - 4711)
Division C - Procurement (§§ 3101 - 4711)
Chapter 43 - ALLOWABLE COSTS (§§ 4301 - 4310)
Section 4310 - Proceeding costs not allowable
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 41 - PUBLIC CONTRACTS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 41 - PUBLIC CONTRACTS Subtitle I - Federal Procurement Policy Division C - Procurement CHAPTER 43 - ALLOWABLE COSTS Sec. 4310 - Proceeding costs not allowable |
Contains | section 4310 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 111-350, §3, Jan. 4, 2011, 124 Stat. 3789. |
Statutes at Large References | 102 Stat. 4634 108 Stat. 3313 124 Stat. 3789 |
Public Law References | Public Law 100-700, Public Law 103-355, Public Law 111-350 |
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(a)
(1)
(A) administrative and clerical expenses;
(B) the cost of legal services, including legal services performed by an employee of the contractor;
(C) the cost of the services of accountants and consultants retained by the contractor; and
(D) the pay of directors, officers, and employees of the contractor for time devoted by those directors, officers, and employees to the proceeding.
(2)
(3)
(b)
(1) relates to a violation of, or failure to comply with, a Federal or State statute or regulation; and
(2) results in a disposition described in subsection (c).
(c)
(1) In a criminal proceeding, a conviction (including a conviction pursuant to a plea of nolo contendere) by reason of the violation or failure referred to in subsection (b).
(2) In a civil or administrative proceeding involving an allegation of fraud or similar misconduct, a determination of contractor liability on the basis of the violation or failure referred to in subsection (b).
(3) In any civil or administrative proceeding, the imposition of a monetary penalty by reason of the violation or failure referred to in subsection (b).
(4) A final decision to do any of the following, by reason of the violation or failure referred to in subsection (b):
(A) Debar or suspend the contractor.
(B) Rescind or void the contract.
(C) Terminate the contract for default.
(5) A disposition of the proceeding by consent or compromise if the disposition could have resulted in a disposition described in paragraph (1), (2), (3), or (4).
(d)
(e)
(1) a specific term or condition of the contract; or
(2) specific written instructions of the executive agency.
(f)
(1)
(2)
(A)
(B)
(3)
(A) the proceeding involves the same contractor misconduct alleged as the basis of another criminal, civil, or administrative proceeding; and
(B) the costs of the other proceeding are not allowable under subsection (b).
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3789.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
4310(a) | 41:256(k)(6). | June 30, 1949, ch. 288, title III, §306(k), as added Pub. L. 100–700, §8(a)(1), Nov. 19, 1988, 102 Stat. 4634; Pub. L. 103–355, title II, §2151, Oct. 13, 1994, 108 Stat. 3313. |
4310(b) | 41:256(k)(1). | |
4310(c) | 41:256(k)(2). | |
4310(d) | 41:256(k)(3). | |
4310(e) | 41:256(k)(4). | |
4310(f) | 41:256(k)(5). |
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