(a) Contract debts are amounts that—
- (1) Have been paid to a contractor to which the contractor is not currently entitled under the terms and conditions of the contract; or
- (2) Are otherwise due from the contractor under the terms and conditions of the contract.
(b) Contract debts include, but are not limited to, the following:
- (1) Billing and price reductions resulting from contract terms for price redetermination or for determination of prices under incentive type contracts.
- (2) Price or cost reductions for defective certified cost or pricing data.
- (3) Financing payments determined to be in excess of the contract limitations at 52.232-16(a)(7), Progress Payments, or 52.232-32(d)(2), Performance—Based Payments, or any contract clause for financing of commercial products or commercial services.
- (4) Increases to financing payment liquidation rates.
- (5) Overpayments disclosed by quarterly statements required under price redetermination or incentive contracts.
- (6) Price adjustments resulting from Cost Accounting Standards (CAS) noncompliances or changes in cost accounting practice.
- (7) Reinspection costs for nonconforming supplies or services.
- (8) Duplicate or erroneous payments.
- (9) Damages or excess costs related to defaults in performance.
- (10) Breach of contract obligations concerning progress payments, performance-based payments, advance payments, financing of commercial products or commercial services, or Government-furnished property.
- (11) Government expense of correcting defects.
- (12) Overpayments related to errors in quantity or billing or deficiencies in quality.
- (13) Delinquency in contractor payments due under agreements or arrangements for deferral or postponement of collections.
- (14) Reimbursement of amounts due under 33.102(b)(3) and 33.104(h)(8).
[73 FR 54002, Sept. 17, 2008, as amended at 75 FR 53149, Aug. 30, 2010; 86 FR 61030, Nov. 4, 2021]