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31 U.S.C. § 3907 — Relationship to other laws

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3907 — Relationship to other laws

**(a)** A claim for an interest penalty not paid under this chapter may be filed under [section 7103 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section7103&num=0&edition=prelim). **(b)** (1) An interest penalty under this chapter does not continue to accrue— (A) after a claim for a penalty is filed under chapter 71 of title 41; or (B) for more than one year. (2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 7109(a)(1) and (b) of title 41 after a penalty stops accruing under this chapter. A penalty accruing under section 7109(a)(1) and (b) may accrue on an unpaid contract payment and on the unpaid penalty under this chapter. **(c)** Except as provided in [section 3904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3904&num=0&edition=prelim), this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to chapter 71 of title 41.

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Source location: Title 31, Chapter 39, § 3907; chapter-039-prompt-payment.md

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3904 — Limitations on discount payments

The head of an agency offered a discount by a business concern from an amount due under a contract for property or service in exchange for payment within a specified time may pay the discounted amount only if payment is made within the specified time. For the purpose of the preceding sentence, the specified time shall be determined from the date of the invoice. The head of the agency shall pay an interest penalty on an amount remaining unpaid in violation of this section. The penalty accrues as provided under sections 3902 and 3903 of this title, except that the required payment date for the unpaid amount is the last day specified in the contract that the discounted amount may be paid.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 7103 — Decision by contracting officer

**(a) Claims Generally.—** (1) **Submission of contractor’s claims to contracting officer.—** — Each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision. (2) **Contractor’s claims in writing.—** — Each claim by a contractor against the Federal Government relating to a contract shall be in writing. (3) **Contracting officer to decide federal government’s claims.—** — Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer. (4) **Time for submitting claims.—** (A) *In general.—* — Each claim by a contractor against the Federal Government relating to a contract and each claim by the Federal Government against a contractor relating to a contract shall be submitted within 6 years after the accrual of the claim. (B) *Exception.—* — Subparagraph (A) of this paragraph does not apply to a claim by the Federal Government against a contractor that is based on a claim by the contractor involving fraud. (5) **Applicability.—** — The authority of this subsection and subsections (c)(1), (d), and (e) does not extend to a claim or dispute for penalties or forfeitures prescribed by statute or regulation that another Federal agency is specifically authorized to administer, settle, or determine. **(b) Certification of Claims.—** (1) **Requirement generally.—** — For claims of more than $100,000 made by a contractor, the contractor shall certify that— (A) the claim is made in good faith; (B) the supporting data are accurate and complete to the best of the contractor’s knowledge and belief; (C) the amount requested accurately reflects the contract adjustment for which the contractor believes t

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3906 — Repealed. Pub. L. 105–362, title XIII, § 1301(c)(1), Nov. 10, 1998, 112 Stat. 3293]

### Statutory Notes Section, added Pub. L. 97–452, § 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, § 3905; renumbered § 3906 and amended Pub. L. 100–496, §§ 9(a)(1), 10, Oct. 17, 1988, 102 Stat. 2460, 2463, required submission of reports to Director of the Office of Management and Budget by 60th day after end of fiscal year by head of each agency concerning agency’s payment practices during that fiscal year. A prior section 3906 was renumbered [section 3907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3907&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3901 — Definitions and application

**(a)** In this chapter— (1) “agency” has the same meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim) and includes an entity being operated, and the head of the agency identifies the entity as being operated, only as an instrumentality of the agency to carry out a program of the agency. (2) “business concern” means— (A) a person carrying on a trade or business; and (B) a nonprofit entity operating as a contractor. (3) “proper invoice” is an invoice containing or accompanied by substantiating documentation the Director of the Office of Management and Budget may require by regulation and the head of the appropriate agency may require by regulation or contract. (4) for the purposes of determining a payment due date and the date upon which any late payment interest penalty shall begin to accrue, the head of the agency is deemed to receive an invoice— (A) on the later of— (i) the date on which the place or person designated by the agency to first receive such invoice actually receives a proper invoice; or (ii) on the 7th day after the date on which, in accordance with the terms and conditions of the contract, the property is actually delivered or performance of the services is actually completed, as the case may be, unless— (I) the agency has actually accepted such property or services before such 7th day; or (II) the contract (except in the case of a contract for the procurement of a brand-name commercial product for authorized resale) specifies a longer acceptance period, as determined by the contracting officer to be required to afford the agency a practicable opportunity to inspect and test the property furnished or evaluate the

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3902 — Interest penalties

**(a)** Under regulations prescribed under [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim), the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 7109(a)(1) and (b) of title 41, which is in effect at the time the agency accrues the obligation to pay a late payment interest penalty. **(b)** The interest penalty shall be paid for the period beginning on the day after the required payment date and ending on the date on which payment is made. **(c)** (1) A business concern shall be entitled to an interest penalty of $1.00 or more which is owed such business concern under this section, and such penalty shall be paid without regard to whether the business concern has requested payment of such penalty. (2) Each payment subject to this chapter for which a late payment interest penalty is required to be paid shall be accompanied by a notice stating the amount of the interest penalty included in such payment and the rate by which, and period for which, such penalty was computed. (3) If a business concern— (A) is owed an interest penalty by an agency; (B) is not paid the interest penalty in a payment made to the business concern by the agency on or after the date on which the interest penalty becomes due; (C) is not paid the interest penalty by the agency within 10 days after the date on which such

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 3907 — Relationship to other laws

Page 367 TITLE 31—MONEY AND FINANCE § 3907 (Added Pub. L. 100–496, § 9(a)(2), Oct. 17, 1988, 102 Stat. 2460; amended Pub. L. 107–217, § 3(h)(7), Aug. 21, 2002, 116 Stat. 1300.) Editorial Notes PRIOR PROVISIONS A prior section 3905 was renumbered section 3906 of this title. AMENDMENTS 2002—Subsec. (f)(1). Pub. L. 107–217 substituted ‘‘sec- tion 3133(b) of title 40’’ for ‘‘section 2 of the Act of Au- gust 24, 1935 (40 U.S.C. 270b)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to payments under contracts awarded, contracts renewed, and contract options exer- cised during or after the first fiscal quarter which be- gins more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L. 100–496, set out as an Effective Date of 1988 Amendment note under section 3902 of this title. [§ 3906. Repealed. Pub. L. 105–362, title XIII, § 1301(c)(1), Nov. 10, 1998, 112 Stat. 3293] Section, added Pub. L. 97–452, § 1(18)(A), Jan. 12, 1983, 96 Stat. 2476, § 3905; renumbered § 3906 and amended Pub. L. 100–496, §§ 9(a)(1), 10, Oct. 17, 1988, 102 Stat. 2460, 2463, required submission of reports to Director of the Office of Management and Budget by 60th day after end of fis- cal year by head of each agency concerning agency’s payment practices during that fiscal year. A prior section 3906 was renumbered section 3907 of this title. § 3907. Relationship to other laws (a) A claim for an interest penalty not paid under this chapter may be filed under section 7103 of title 41. (b)(1) An interest penalty under this chapter does not continue to accrue— (A) after a claim for a penalty is filed under chapter 71 of title 41; or (B) for more than one year. (2) Paragraph (1) of this subsection does not prevent an interest penalty from accru

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