(Revised November 09, 1999)
(a) A voluntary refund is a payment or credit (adjustment under one or more contracts or subcontracts) to the Government from a contractor or subcontractor which is not required by any contractual or other legal obligation.
(b) A voluntary refund may be solicited (requested by the Government) or unsolicited.
(1) Generally, request voluntary refunds only after determining that no contractual remedy is readily available to recover the amount sought.
(2) Acceptance of unsolicited refunds does not prejudice remedies otherwise available to the Government.
(c) Before soliciting a voluntary refund or accepting an unsolicited one, the contracting officer should have legal counsel review the contract and related data to—
(1) Confirm that there are no readily available contractual remedies; and
(2) Advise whether the proposed action would jeopardize or impair the Government's rights.
242.7101 Solicited refunds.
(a) Request voluntary refunds only when—
(1) The contracting officer concludes that the contractor overcharged under a contract, or inadequately compensated the Government for the use of Government-owned property, or inadequately compensated the Government in the disposition of contractor inventory; and
(2) Retention of the amount in question by the contractor or subcontractor would be contrary to good conscience and equity.
(b) Do not solicit voluntary refunds without approval of the head of the contracting activity, or as provided in department/agency regulations.
(c) Voluntary refunds may be requested during or after contract performance.
242.7102 Disposition of voluntary refunds.
A contract modification, rather than a check, is the preferred means of effecting a solicited or unsolicited refund transacted before final payment.
(a) For modifications, adjust the price for the refund and credit the refund to the applicable appropriation cited in the contract.
(b) For checks—
(1) Advise the contractor to—
(i) Make the check payable to the agency which awarded the contract;
(ii) Forward the check to the contracting officer or when the contract is assigned to another office for administration, to that office; and
(iii) Include a letter with the check—
(A) Identifying it as a voluntary refund;
(B) Giving the contract number involved; and
(C) Where possible, giving the appropriation and account number to be credited.
(2) Forward the check to the office responsible for control of funds.