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 4303 - Effect of submission of unallowable costs
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. 4303 - Effect of submission of unallowable costs |
Contains | section 4303 |
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. 3784. |
Statutes at Large References | 102 Stat. 4634 108 Stat. 3309 124 Stat. 3784 |
Public Law References | Public Law 100-700, Public Law 103-355, Public Law 111-350 |
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(a)
(b)
(1)
(A) the amount of the disallowed cost allocated to covered contracts for which a proposal for settlement of indirect costs has been submitted; plus
(B) interest (to be computed based on provisions in the Federal Acquisition Regulation) to compensate the Federal Government for the use of the amount which a contractor has been paid in excess of the amount to which the contractor was entitled.
(2)
(c)
(1) the contractor withdraws the proposal before the formal initiation of an audit of the proposal by the Federal Government and resubmits a revised proposal;
(2) the amount of unallowable costs subject to the penalty is insignificant; or
(3) the contractor demonstrates, to the contracting officer's satisfaction, that—
(A) it has established appropriate policies and personnel training and an internal control and review system that provide assurances that unallowable costs subject to penalties are precluded from being included in the contractor's proposal for settlement of indirect costs; and
(B) the unallowable costs subject to the penalty were inadvertently incorporated into the proposal.
(d)
(1) shall be considered a final decision for the purposes of section 7103 of this title; and
(2) is appealable in the manner provided in section 7104(a) of this title.
(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3784.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
4303(a) | 41:256(a). | June 30, 1949, ch. 288, title III, §306(a)–(d), 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. 3309. |
4303(b) | 41:256(b). | |
4303(c) | 41:256(c). | |
4303(d) | 41:256(d). |
In subsection (a), the words “(referred to in section 421(c)(1) of this title)” are omitted as unnecessary.
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