[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR32.613]

[Page 664-665]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 32--CONTRACT FINANCING--Table of Contents
 
                      Subpart 32.6--Contract Debts
 
Sec. 32.613  Deferment of collection.

    (a) If the responsible official receives a written request from the 
contractor for a deferment of the debt collection or installment 
payments, the official shall promptly review the request to see if the 
information included is adequate for action on the request. If not, the 
contractor shall be asked to furnish the needed information. Any 
necessary changes to the terms of the proposed deferment/installment 
agreement shall also be suggested.
    (b) If the contractor has appealed the debt under the procedures of 
the Disputes clause of the contract, the information with the request 
for deferment may be limited to an explanation of the contractor's 
financial condition.
    (c) If there is no appeal pending or action filed under the Disputes 
clause of the contract, the following information about the contractor 
should be submitted with the request:
    (1) Financial condition.
    (2) Contract backlog.
    (3) Projected cash receipts and requirements.
    (4) The feasibility of immediate payment of the debt.
    (5) The probable effect on operations of immediate payment in full.
    (d) Although the existence of a contractor appeal of the debt does 
not of itself require the Government to suspend or delay collection 
action, the responsible official shall consider whether deferment of the 
debt collection is advisable to avoid possible overcollection. The 
responsible official may authorize a deferment pending the resolution of 
appeal.
    (e) Deferments pending disposition of appeal may be granted to small 
business concerns and financially weak contractors, with a reasonable 
balance of the need for Government security against loss and undue 
hardship on the contractor.
    (f) If a contractor has not appealed the debt or filed an action 
under the Disputes clause of the contract, the responsible official may 
arrange for deferment/installment payments if the contractor is unable 
to pay at once in full or the contractor's operations under national 
defense contracts would be seriously impaired. The arrangement shall 
include appropriate covenants and securities and should be limited to 
the shortest practicable maturity.
    (g) Contracts and arrangements for deferment may not provide that a 
claim of the Government will not become due and payable pending mutual 
agreement on the amount of the claim or, in the case of a dispute, until 
the decision is reached.
    (h) At a minimum, the deferment agreement shall contain the 
following:
    (1) A description of the debt.
    (2) The date of first demand for payment.
    (3) Notice of an interest charge, in conformity with FAR 32.614 and 
the clause at FAR 52.232-17, Interest; or, in the case of a debt arising 
from a defective pricing or a CAS noncompliance overpayment, interest, 
as prescribed by the applicable Price Reduction for Defective Cost or 
Pricing Data or CAS clause.
    (4) Identification of the office to which the contractor is to send 
debt payments.
    (5) A requirement for the contractor to submit financial information 
requested by the Government and for reasonable access to the 
contractor's records and property by Government representatives.
    (6) Provision for the Government to terminate the deferment 
agreement and accelerate the maturity of the debt if the contractor 
defaults or if bankruptcy or insolvency proceedings are instituted by or 
against the contractor.
    (7) Protective requirements that are considered by the Government to 
be prudent and feasible in the specific circumstances. The coverage of 
protective terms at 32.409 and 32.501-5 may be used as a guide.
    (i) If a contractor appeal of the debt determination is pending, the 
deferment agreement shall also include a requirement that the contractor 
shall--
    (1) Diligently prosecute the appeal; and

[[Page 665]]

    (2) Pay the debt in full when the appeal is decided, or when the 
parties reach agreement on the debt amount.
    (j) If the contractor does not plan to appeal the debt or file an 
action under the Disputes clause of the contract, the deferment/
installment agreement shall include a specific schedule or plan for 
payment. It should permit the Government to make periodic financial 
reviews of the contractor and to require prepayments if the Government 
considers the contractor's ability to pay improved. It should also 
provide for required stated or measurable prepayments on the occurrence 
of specific events or contingencies that improve the contractor's 
ability to pay.
    (k) If desired by the contractor, the deferment agreement may 
provide for the right to make prepayments without prejudice, for refund 
of overpayments, and for crediting of interest (see 32.614-2).
    (l) Actions filed by contractors under the Disputes clause shall not 
suspend or delay collection. Until the action is decided, deferments 
shall only be granted if, within 30 days after the filing of such 
action, the contractor presents to the responsible official a good and 
sufficient bond, or other collateral acceptable to the responsible 
official, in the amount of the claim, and approved by the responsible 
official. Any amount collected by the Government in excess of the amount 
found to be due on appeal under the Disputes clause of the contract 
shall be refunded to the contractor with interest thereon from the date 
of collection by the Government at the annual rate established by the 
Secretary of Treasury under Pub. L. 92-41. Simple interest shall be 
calculated through the period of indebtedness to reflect each 6-month 
period change in the rates established by the Secretary.

[48 FR 42328, Sept. 19, 1983, as amended at 55 FR 52795, Dec. 21, 1990; 
56 FR 29128, June 25, 1991; 61 FR 18922, Apr. 29, 1996]