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subpart 232.6--contract debts

(Revised February 14, 2003)

 

 



 232.605 Responsibilities
 232.606 Debt
 232.610 Demand
 232.616 Compromise
 232.617 Contract
 232.670 Transfer
 232.671 Bankruptcy


232.605  Responsibilities
and cooperation among Government officials.

 

      (b)  Disbursing officers are those officials designated to make payments under a contract or to receive payments of amounts due under a contract.  At installations where integrated accounting is in effect, the finance and accounting officer is a disbursing officer.  The disbursing officer is responsible for determining the amount and collecting contract debts whenever overpayments or erroneous payments have been made.  The disbursing officer also has primary responsibility when the amounts due and dates for payment are contained in the contract, and a copy of the contract has been furnished to the disbursing officer with notice to collect as amounts become due.

 

232.606  Debt determination and collection.

 

      (c)(9)(vii)  Upon transfer of a case to the contract financing office, the contracting officer shall close the debt record by reference to the date of transfer.

 

232.610  Demand for payment of contract debt.

 

      (a)(i)  For contract debts resulting from other than a termination for default, the office which first determines an amount due, whether it be the contract administration office, the contracting office, the disbursing office, or the selling office/agency, shall—

 

                    (A)  Make a demand for payment; and

 

                    (B)  Provide a copy of the demand to the payment office cited in the contract.

 

              (ii)  For contract debts resulting from a termination for default, the contracting officer shall make the demand and direct the debtor to make such payment to the designated office.

 

      (b)(3)  The contracting office shall forward deferment requests to the contract financing office of the contracting department or agency for a decision on granting the deferment.

 

232.616  Compromise actions.

Only the department/agency contract financing offices (232.108(1)) are authorized to compromise debts covered by this subpart.

 

232.617  Contract clause.

 

      (a)  The DoD Contract Finance Committee, with the approval of the Director of Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics), may exempt the contracts in FAR 32.617(a)(2) through (5) and other contracts, in exceptional circumstances, from the administrative interest charges required by this subpart.

 

      (a)(7)  Other exceptions—

 

                    (A)  Contracts for instructions of military or ROTC personnel at civilian schools, colleges, and universities;

 

                    (B)  Basic agreements with telephone companies for communications services and facilities, and purchases under such agreements; and

 

                    (C)  Transportation contracts with common carriers for common carrier services.

 

232.670  Transfer of responsibility for debt collection.

Disbursing officers will transfer responsibility for debt collection to departmental/ agency contract financing offices in accordance with comptroller regulations.  Notwithstanding the transfer of the debt collection responsibility, contracting officers shall continue to provide assistance as requested by the debt collection office.

 

232.671  Bankruptcy reporting.

 

      (a)  For those debts covered by this subpart, the department or agency which awarded the contract shall furnish the Department of Justice any claims in bankruptcy, insolvency, or in proceedings for reorganization or arrangement.  Furnish claims which—

 

              (1)  Have been transferred to a contract financing office;

 

              (2)  Are on the way to a contract financing office at the inception of bankruptcy or insolvency proceedings;

 

              (3)  Are pending and not forwarded to a contract financing office at the inception of bankruptcy or insolvency proceedings; and

 

              (4)  Are the result of bankruptcy or insolvency proceedings.

 

      (b)  The contract financing office or other office designated within a department or agency will furnish proof of claims to the Department of Justice.

 

      (c)  The office of origin of a debt will provide, as soon as possible, information on a bankruptcy, insolvency, reorganization, or rearrangement to the office designated within a department/agency to receive this information.

 

      (d)  The information and proof of claim requirements in paragraphs (b) and (c) of this section do not apply to debts of less than $600.

 

 

 


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