Sec. 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 101-41).
(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 system, 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. 605(a)), 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. 605), 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.
(d) Tax claims are also excluded from the coverage of this
regulation.
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