[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4386]


[[Page Unknown]]

[Federal Register: March 10, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Part 15

[FAC 90-20; FAR Cases 91-99 and 89-37; Item V]

 

Federal Acquisition Regulation; Reimbursement, Interest Charges, 
and Penalties for Overpayment; Clarification

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Clarification of final rule.

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SUMMARY: This item clarifies FAR case 89-37, Item 11 of FAC 90-3 
published at 55 FR 52782, December 21, 1990, regarding the application 
to contract modifications of the statutory and regulatory guidance on 
reimbursement, interest charges, and penalties for overpayment. The 
word ``contracts'' in Item 11 includes contract modifications.

    For DOD, NASA, and Coast Guard, the statutory and regulatory 
guidance applies to: (1) Contracts awarded on or after November 8, 
1985; and (2) Modifications issued on or after November 8, 1985, 
regardless of the date of contract award. For all other agencies, the 
regulatory guidance applies to contracts awarded and modifications 
issued after January 22, 1991.
    If a contract is modified and that modification requires the 
submission of certified cost or pricing data, the contract must be 
updated to incorporate the January 1991 version of the clause at FAR 
52.214-27, 52.215-22, or 52.215-23 for that modification. This updating 
is to ensure that the contract includes the requirement for interest on 
defective pricing reductions for modifications.

FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy F. Olson at (202) 501-3221 in reference to this FAR case. 
For general information, contact the FAR Secretariat, room 4037, GS 
Building, Washington, DC 20405, (202) 501-4755. Please cite FAC 90-20, 
FAR cases 91-99 and 89-37.

List of Subjects in 48 CFR Part 15

    Government procurement.

    Dated: February 15, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
[FR Doc. 94-4386 Filed 3-9-94; 8:45 am]
BILLING CODE 6820-34-M