Appendix E to Part 1136 - Terms and Conditions for OAR Article V, “Collection of Amounts Due”
2:1.2.8.6.17.7.64.3.53 : Appendix E
Appendix E to Part 1136 - Terms and Conditions for OAR Article V,
“Collection of Amounts Due”
As required by § 1136.505, a DoD Component's general terms and
conditions must use the following wording for OAR Article V.
OAR Article V. Collection of Amounts Due. (DECEMBER 2014)
Section A. Establishing a debt.
1. Any amount paid to you in excess of the amount to which you
are determined to be entitled under the terms and conditions of
this award constitutes a debt to the Federal Government.
2. A grants officer will attempt to resolve any claim of your
indebtedness arising out of this award by mutual agreement.
3. If the grants officer fails to resolve the claim in that
manner, you will receive a written notice of the grants officer's
decision formally determining the debt, as described in paragraph
B.2 of OAR Article IV. The notice will describe the debt, including
the amount, name and address of the official who determined the
debt, and a copy of that official's determination.
Section B. Debt delinquency and appeals.
1. Within 30 calendar days of the grants officer's decision, you
must either pay the amount owed to the address provided in the
written notice or inform the grants officer that you intend to
appeal the decision. Appeal procedures are described in OAR Article
IV.
2. If you elect not to appeal, any amounts not paid within 30
calendar days of the grants officer's decision will be a delinquent
debt.
3. If you elect to appeal the grants officer's decision, you
will have 90 calendar days after receipt of the grants officer's
decision to file your appeal unless Alternative Dispute Resolution
(ADR) procedures are used, as described in section C of OAR Article
IV, in which case you will have 150 calendar days.
Section C. Demand letter, interest, and debt
collection.
1. If within 30 calendar days of the grants officer's decision,
you neither pay the amount due nor provide notice of your intent to
appeal the grants officer's decision, the grants officer will send
you a demand letter identifying a payment office that will be
responsible for any further debt collection activity.
2. If you do not pay by the due date specified in the written
demand letter, the Federal Government may collect part or all of
the debt by:
a. Making an administrative offset against your requests for
reimbursements under Federal awards;
b. Withholding advance payments otherwise due to you; and
c. Any other action permitted by Federal statute.
3. The debt will bear interest, and may include penalties and
other administrative costs, in accordance with applicable
provisions of the DoD Financial Management Regulation (DoD
7000.14-R), which implements the Federal Claims Collection
Standards. The date from which interest is computed is not extended
by litigation or the filing of any form of appeal.