(a) The Government shall pay interest on a contractor's claim on the amount found due and unpaid from the date that—
(1) The contracting officer receives the claim (certified if required by 33.207(a)); or
(2) Payment otherwise would be due, if that date is later, until the date of payment.
(b) Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Disputes statute, which is applicable to the period during which the contracting officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (See the clause at 52.232-17 for the right of the Government to collect interest on its claims against a contractor).
(c) With regard to claims having defective certifications, interest shall be paid from either the date that the contracting officer initially receives the claim or October 29, 1992, whichever is later. However, if a contractor has provided a proper certificate prior to October 29, 1992, after submission of a defective certificate, interest shall be paid from the date of receipt by the Government of a proper certificate.
[59 FR 11381, Mar. 10, 1994, as amended at 60 FR 48230, Sept. 18, 1995; 73 FR 54005, Sept. 17, 2008; 79 FR 24212, Apr. 29, 2014]
Notes of Decisions
Sarang Corp. v. United States, 76 Fed. Cl. 560 (Fed. Cl. 2007).
· cites it 5× “See 48 C.F.R. § 33.208 . 5 b. Under The Prompt Payment Act, 31 U.”
Neal & Co., Inc. v. The United States, 945 F.2d 385 (Fed. Cir. 1991).
“It does not, however, require that the claims be sent only to the contracting officer, or necessarily directly to that officer.”
Essex Electro Engineers, Inc. v. The United States, 960 F.2d 1576 (Fed. Cir. 1992).
“” 48 C.F.R. § 33.208 (1991). Because payment ordinarily would be due 20 days after receipt of an invoice, and because shipment preceded the invoice, the ACO calculated interest for each shipment for the period beginning 20 days after acceptance of the shipment until final…”
Patton v. United States, 74 Fed. Cl. 110 (Fed. Cl. 2006).
“Contractors receive simple, not compound, interest, 48 C.F.R. § 33.208 (b) (2006), which does not begin to accrue until the contracting officer receives the certified claim.”
BAE Sys. Land & Armaments, L.P. v. Ibis Tek, LLC, 192 F. Supp. 3d 978 (D. Minnesota 2016).
“See 48 C.F.R. § 33.208 . Although Ibis disputes that its cost and pricing data was in fact defective 7 , as evidenced by its appeal to the ASBCA, it does not dispute that the Contracting Officer’s Final Decision found otherwise or that the government subsequently recouped over…”
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