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10 U.S.C. § 3707 — Interest and penalties for certain overpayments
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** If the United States makes an overpayment to a contractor under a contract subject to this chapter 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—
(1) for interest on the amount of such overpayment, to be computed—
(A) for the period beginning on the date the overpayment was made to the contractor and ending on the date the contractor repays the amount of such overpayment to the United States; and
(B) at the current rate prescribed by the Secretary of the Treasury under section 6621 of the Internal Revenue Code of 1986; and
(2) if the submission of such defective data was a knowing submission, for an additional amount equal to the amount of the overpayment.
**(b) Liability Not Affected by Refusal to Submit Certification.—** Any liability under this section of a contractor that submits cost or pricing data but refuses to submit the certification required by [section 3702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3702/b&num=0&edition=prelim) with respect to the cost or pricing data shall not be affected by the refusal to submit such certification.
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Stable record: federal_law:legal_authorities:record_usc_d0832126da510ba957d744a4
Source file: Laws/federal/codes/united-states-code/title-10/section-3707-interest-and-penalties-for-certain-overpayments--8e32c98605.md
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Source location: Title 10, Chapter 271, § 3707; chapter-271-truthful-cost-or-pricing-data-truth-in-negotiations.md
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**(a) In General.—** If the United States makes an overpayment to a contractor under a contract subject to this chapter 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—
(1) for interest on the amount of such overpayment, to be computed—
(A) for the period beginning on the date the overpayment was made to the contractor and ending on the date the contractor repays the amount of such overpayment to the United States; and
(B) at the current rate prescribed by the Secretary of the Treasury under section 6621 of the Internal Revenue Code of 1986; and
(2) if the submission of such defective data was a knowing submission, for an additional amount equal to the amount of the overpayment.
**(b) Liability Not Affected by Refusal to Submit Certification.—** Any liability under this section of a contractor that submits cost or pricing data but refuses to submit the certification required by [section 3702(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3702/b&num=0&edition=prelim) with respect to the cost or pricing data shall not be affected by the refusal to submit such certification.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule**
(1) **Overpayment rate** — The overpayment rate established under this section shall be the sum of—
(A) the Federal short-term rate determined under subsection (b), plus
(B) 3 percentage points (2 percentage points in the case of a corporation).
To the extent that an overpayment of tax by a corporation for any taxable period (as defined in subsection (c)(3), applied by substituting “overpayment” for “underpayment”) exceeds $10,000, subparagraph (B) shall be applied by substituting “0.5 percentage point” for “2 percentage points”.
(2) **Underpayment rate** — The underpayment rate established under this section shall be the sum of—
(A) the Federal short-term rate determined under subsection (b), plus
(B) 3 percentage points.
**(b) Federal short-term rate** For purposes of this section—
(1) **General rule** — The Secretary shall determine the Federal short-term rate for the first month in each calendar quarter.
(2) **Period during which rate applies**
(A) *In general* — Except as provided in subparagraph (B), the Federal short-term rate determined under paragraph (1) for any month shall apply during the first calendar quarter beginning after such month.
(B) *Special rule for individual estimated tax* — In determining the addition to tax under section 6654 for failure to pay estimated tax for any taxable year, the Federal short-term rate which applies during the 3rd month following such taxable year shall also apply during the first 15 days of the 4th month following such taxable year.
(3) **Federal short-term rate** — The Federal short-term rate for any month shall be the Federal short-term rate determined during such month by the Secretary in accordance with section 1274(d). Any such rate shall be rounded to the nearest full
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6621
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Federal law — U.S. Code and appendices · legal_authorities
Page 2534
TITLE 10—ARMED FORCES
§ 3707
resentative of the contracting officer) that,
to the best of the contractor’s knowledge
and belief, the contractor is entitled to the
offset; and
(B) 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 subsection (a)(2), another
date agreed upon between the parties, and
that the data were not submitted as speci-
fied in section 3702(c) of this title before
such date.
(2) A contractor shall not be allowed to off-
set an amount otherwise authorized to be off-
set under paragraph (1) if—
(A) the certification under section 3702(b)
of this title with respect to the cost or pric-
ing data involved was known to be false
when signed; or
(B) the United States proves that, had the
cost or pricing data referred to in paragraph
(1)(B) 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 consistent with subsection
(a)(2), another date agreed upon between the
parties, the submission of such cost or pric-
ing data would not have resulted in an in-
crease in that price in the amount to be off-
set.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1831(a), (g), Jan. 1, 2021, 134 Stat. 4209,
4214.)
Editorial Notes
CODIFICATION
The text of subsec. (e) of section 2306a of this title,
which was transferred to this section and amended by
Pub. L. 116–283, § 1831(g), was based on Pub. L. 99–500,
§ 101(c) [title X, § 952(a)], Oct. 18, 1986, 100 Stat. 1783–82,
1783–166, and Pub. L. 99–591, § 101(c) [title X, § 952(a)],
Oct. 30, 1986, 100 Stat. 3341–82, 3341–166; Pub. L. 99–661,
div. A, title
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3707
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