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Contract Overpayments: Caveat Contractor


by McKenna Long & Aldridge LLP View Firm Credentials
Atlanta Office

October 6, 2004

Previously published on November 25, 2003

Significant changes to the Prompt Payment clauses in the Federal Acquisition Regulation ("FAR") that took effect on October 31, 2003, require that Contractors notify the Contracting Officer if the Government overpays the Contractor on invoice or contract financing payments (e.g., progress payments) under both Commercial and Non-Commercial Item contracts. Companion provisions added at FAR Part 12 and FAR Part 32 require that upon notification, the Contracting Officer promptly provide the Contractor with instructions for disposition of overpayments.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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