Title 41, Public ContractsRelease 119-110

§3507 Interest and Penalties for Certain Overpayments

Title 41 › Subtitle I — Federal Procurement Policy › CHAPTER 35 — TRUTHFUL COST OR PRICING DATA › § 3507

Last updated Sep 22, 2026|Official source

Summary

If the federal government overpays a contractor because the contractor gave faulty cost or pricing data, the contractor must pay interest on the overpaid amount. The interest runs from the day the overpayment was made until the contractor repays. The interest rate is the current rate set by the Secretary of the Treasury under section 6621 of the Internal Revenue Code (26 U.S.C. 6621). If the contractor knowingly gave the bad data, they must also pay a penalty equal to the overpayment. If a contractor provided cost or pricing data but refused to give the certification required by section 3502(b), that refusal does not reduce or change their duty to pay the interest or penalty.

Full Legal Text

Title 41, §3507

Public Contracts, Source: USLM XML via OLRC

(a)In General.—
If the Federal Government makes an overpayment to a contractor under a contract with an executive agency subject to this chapter and the overpayment was due to the submission by the contractor of defective cost or pricing data, the contractor shall be liable to the Federal Government—
(1)for interest on the amount of the overpayment, to be computed—
(A)for the period beginning on the date the overpayment was made to the contractor and ending on the date the contractor repays the amount of the overpayment to the Federal Government; and
(B)at the current rate prescribed by the Secretary of the Treasury under section 6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621); and
(2)if the submission of the defective data was a knowing submission, for an additional amount equal to the amount of the overpayment.
(b)Liability Not Affected by Refusal To Submit Certification.—
Any liability under this section of a contractor that submits cost or pricing data but refuses to submit the certification required by section 3502(b) of this title with respect to the cost or pricing data is not affected by the refusal to submit the certification.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 350741:254b(f).June 30, 1949, ch. 288, title III, § 304A(f), as added Pub. L. 103–355, title I, § 1251(a)(2), Oct. 13, 1994, 108 Stat. 3283.

Reference

Citations & Metadata

Citation

41 U.S.C. § 3507

Title 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110