C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS › PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES › Subpart 31.2—Contracts With Commercial Organizations

48 C.F.R. § 31.201-5

31.201-5 Credits.

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The applicable portion of any income, rebate, allowance, or other credit relating to any allowable cost and received by or accruing to the contractor shall be credited to the Government either as a cost reduction or by cash refund. See 31.205-6(j)(3) for rules governing refund or credit to the Government associated with pension adjustments and asset reversions.

[48 FR 42301, Sept. 19, 1983, as amended at 54 FR 34755, Aug. 21, 1989; 63 FR 58597, Oct. 30, 1998; 72 FR 46363, Aug. 17, 2007]
Notes of Decisions
Cited in 19 cases, 1991–2016 · leading case: Directv Grp., Inc. v. United States, 670 F.3d 1370 (Fed. Cir. 2012).
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Directv Grp., Inc. v. United States, 670 F.3d 1370 (Fed. Cir. 2012). · cites it 9× “216-7 (h)(2), nor the Credits provision, 48 C.F.R. § 31.201-5 , of the Federal Acquisition Regulation ("FAR") prohibited DIRECTV from taking credit for cost reductions attributable to Boeing and Raytheon.”
Lockheed Martin Corp. v. United States, 833 F.3d 225 (D.C. Cir. 2016). · cites it 2× “” 48 C.F.R. § 31.201-5 ; see also id. § 52.”
Hercules Inc. v. United States, 292 F.3d 1378 (Fed. Cir. 2002). “48 C.F.R. § 31.201-5 (2001). The principal requirement of the “Allowable Cost and Payment” and “Credits” clauses is to provide the government with a refund when a cost that has been reimbursed to a contractor is later reduced.”
Helfrich v. Blue Cross & Blue Shield Assoc, 804 F.3d 1090 (10th Cir. 2015). · cites it 2× “See 48 C.F.R. § 31.201-5 ; id. § 1631.201-70(a),(g); id.”
DIRECTV Grp., Inc. v. United States, 89 Fed. Cl. 302 (Fed. Cl. 2009). · cites it 4× “201-5, 48 C.F.R. § 31.201-5 (2007). 4 In General Electric Co.”
Gen. Elec. Co. v. United States, 92 Fed. Cl. 798 (Fed. Cl. 2010). · cites it 2× “23 GE contends that it should be able to deduct the cost savings from the *817 amount of pension surplus it owes to the government under the Credits clause, 48 C.F.R. § 31.201-5 (1993). 24 GE argues that if the government does not give GE credit for the savings, the government…”
Lockheed Martin Corp. v. United States, 35 F. Supp. 3d 92 (D.D.C. 2014). “) Pursuant to this provision, and as required under 48 C.F.R. § 31.201-5 , Lockheed credits to the DiscOps Pool any direct payment it receives for environmental remediation costs at its discontinued operations, whether in the form of insurance proceeds, settlements, or other…”
Raytheon Co. v. United States, 104 Fed. Cl. 327 (Fed. Cl. 2012). · cites it 2× “See 48 C.F.R. § 31.201-5 . These matters are described as they arise, below.”
UMC Elec. Co. v. United States, 43 Fed. Cl. 776 (Fed. Cl. 1999). “See 48 C.F.R. § 31.201-5 . . It also is not surprising that Mr.”
Gen. Elec. Co. v. United States, 84 Fed. Cl. 129 (Fed. Cl. 2008). “” 48 C.F.R. § 31.201-5 (emphasis added). The DOD Guidance cited a situation in which the government agreed to a transfer of pension surplus, which would provide a benefit in the form of reduced future pension costs, to satisfy a contractor’s segment closing adjustment obligation.”
Hercules Inc. v. United States, 49 Fed. Cl. 80 (Fed. Cl. 2001). “48 C.F.R. § 31.201-5 . B. The Plaintiff’s Alocation of Tax Costs to the Radford Plant The Plaintiff pursued a hybrid allocation methodology in determining how the costs would be charged to government contracts.”
Allegheny Teledyne Inc. v. United States, 316 F.3d 1366 (Fed. Cir. 2003). “” 48 C.F.R. § 31.201-5 . . The Board issued CAS 412 in 1975.”
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