Page:United States Statutes at Large Volume 108 Part 4.djvu/649

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PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3283 "(C) the contract was based on an agreement between the contractor and the United States about the total cost of the contract and there was no agreement about the cost of each item procured under such contract; or "(D) the prime contractor or subcontractor did not submit a certification of cost or pricing data relating to the contract as required under subsection (a)(2). "(4)(A) A contractor shall be allowed to offset an amount against the amount of a contract price adjustment under a contract provision required by paragraph (1) if— "(i) the contractor certifies to the contracting officer (or to a designated representative of the contracting officer) that, to the best of the contractor's knowledge and belief, the contractor is entitled to the offset; and "(ii) the contractor proves that the cost or pricing data were available before the date of agreement on the price of the contract (or price of the modification), or, if applicable consistent with paragraph (1)(B), another date agreed upon between the parties, and that the data were not submitted as specified in subsection (a)(3) before such date. "(B) A contractor shall not be allowed to offset an amount otherwise authorized to be offset under subparagraph (A) if— "(i) the certification under subsection (a)(2) with respect to the cost or pricing data involved was known to be mlse when signed; or "(ii) the United States proves that, had the cost or pricing data referred to in subparagraph (A)(ii) been submitted to the United States before the date of agreement on the price of the contract (or price of the modification) or, if applicable under paragraph (1)(B), another date agreed upon between the parties, the submission of such cost or pricing data would not have resulted in an increase in that price in the amount to be offset. "(f) INTEREST AND PENALTIES FOR CERTAIN OVERPAYMENTS.— (1) If the United States makes an overpayment to a contractor under a contract with an executive agency subject to this section and the overpayment was due to the submission by the contractor of defective cost or pricing data, the contractor shall be liable to the United States— "(A) for interest on the amount of such overpa3anent, to be computed— "(i) for the period beginning on the date the overpay- ment was made to the contractor and ending on the date the contractor repays the amount of such overpayment to the United States; and "(ii) at the current rate prescribed by the Secretary of the Treasury under section 6621 of the Internal Revenue Code of 1986; and "(B) if the submission of such defective data was a knowing submission, for an additional amount equal to the amount of the overpayment. "(2) Any liability under this subsection of a contractor that submits cost or pricing data but refuses to submit the certification required by subsection (a)(2) with respect to the cost or pricing data shall not be affected by the refusal to submit such certification. " (g) RIGHT OF UNITED STATES TO EXAMINE CONTRACTOR RECORDS. —For the purpose of evaluating the accuracy, complete-