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FAC Number: 2023-01
Effective Date: 12/30/2022

42.709-3 Responsibilities.

42.709-3 Responsibilities.

      (a) The cognizant contracting officer is responsible for—

           (1) Determining whether the penalties in 42.709-2(a) should be assessed;

           (2) Determining whether such penalties should be waived pursuant to 42.709-6; and

           (3) Referring the matter to the appropriate criminal investigative organization for review and for appropriate coordination of remedies, if there is evidence that the contractor knowingly submitted unallowable costs.

      (b) The contract auditor, in the review and/or the determination of final indirect cost proposals for contracts subject to this section, is responsible for—

           (1) Recommending to the contracting officer which costs may be unallowable and subject to the penalties in 42.709-2(a);

           (2) Providing rationale and supporting documentation for any recommendation; and

           (3) Referring the matter to the appropriate criminal investigative organization for review and for appropriate coordination of remedies, if there is evidence that the contractor knowingly submitted unallowable costs.

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