48 CFR §42.709-3
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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.