§ 1.1902   Exceptions.

   (a) Claims arising from the audit of transportation accounts pursuant to 31
   U.S.C. 3726 shall be determined, collected, compromised, terminated or
   settled in accordance with regulations published under the authority of 31
   U.S.C. 3726 (see 41 CFR part 102-118).

   (b) Claims arising out of acquisition contracts subject to the Federal
   Acquisition Regulations (FAR) shall be determined, collected, compromised,
   terminated, or settled in accordance with those regulations. (See 48 CFR
   part 32). If not otherwise provided for in the FAR, contract claims that
   have  been  the  subject  of a contracting officer's final decision in
   accordance with section 6(a) of the Contract Disputes Act of 1978 (41 U.S.C.
   7103), may be determined, collected, compromised, terminated or settled
   under the provisions of this regulation, except that no additional review of
   the debt shall be granted beyond that provided by the contracting officer in
   accordance with the provisions of section 6 of the Contract Disputes Act of
   1978  (41 U.S.C. 7103), and the amount of any interest, administrative
   charge, or penalty charge shall be subject to the limitations, if any,
   contained in the contract out of which the claim arose.

   (c)  Claims  based  in whole or in part on conduct in violation of the
   antitrust laws, or in regard to which there is an indication of fraud, the
   presentation of a false claim, or a misrepresentation on the part of the
   debtor or any other party having an interest in the claim, shall be referred
   to  the  Department  of Justice (DOJ) as only the DOJ has authority to
   compromise, suspend, or terminate collection action on such claims. The
   standards in the FCCS relating to the administrative collection of claims do
   apply, but only to the extent authorized by the DOJ in a particular case.
   Upon identification of a claim based in whole or in part on conduct in
   violation  of  the  antitrust  laws  or any claim involving fraud, the
   presentation of a false claim, or misrepresentation on the part of the
   debtor or any party having an interest in the claim, the Commission shall
   promptly refer the case to the Department of Justice for action. At its
   discretion,  the DOJ may return the claim to the forwarding agency for
   further handling in accordance with the standards in the FCCS.

   (d) Tax claims are excluded from the coverage of this regulation.

   (e) The Commission will attempt to resolve interagency claims by negotiation
   in accordance with Executive Order 12146 (3 CFR 1980 Comp., pp. 409-412).

   (f) Nothing in this subpart shall supercede or invalidate other Commission
   rules, such as the part 1 general competitive bidding rules (47 CFR part 1,
   subpart Q) or the service specific competitive bidding rules, as may be
   amended, regarding the Commission's rights, including but not limited to the
   Commission's right to cancel a license or authorization, obtain judgment, or
   collect interest, penalties, and administrative costs.

   [ 69 FR 27848 , May 17, 2004, as amended at  76 FR 70909 , Nov. 16, 2011]

   return arrow Back to Top