NASA Procedural Requirements

NPR 9640.1A Effective Date: October 28, 2019 Expiration Date: October 28, 2024

Subject: Financial Management of Contractor Claims Against NASA

Responsible Office: Office of the Chief Financial Officer

Preface

P.1 Purpose

a. This NASA Procedural Requirement (NPR) provides financial management requirements relating to the settlement and payment of contractor claims against the United States, as represented by NASA, under Contract Disputes and Appeals 41 U.S.C. §§ 7101-7109. NASA is required to process claims promptly and pay or deny claims based on the relevant legal authorities.

b. This NPR does not provide financial management requirements relating to affirmative claims of the United States, as represented by NASA, against the public. NASA claims against others, usually referred to as debt and debt collection, are covered in NPR 9610.1. Also, this NPR does not address claims related to the payroll, travel, and transportation (see NPD 9645.2), property damage, personal injury, other tort claims, or agreements not within the purview of 41 U.S.C. §§ 7101-7109.

P.2 Applicability

a. This NPR is applicable to NASA Headquarters and NASA Centers, including Component Facilities and Technical and Service Support Centers.

b. In this directive, all document citations are assumed to be the latest version unless otherwise noted.

c. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term “shall.” The terms “may” or “can” denote discretionary privilege or permission, “should” denotes a good practice and is recommended, but not required, “will” denotes expected outcome, and “are/is” denotes descriptive material.

P.3 Authority

a. Authority and Functions of Agency Chief Financial Officers, 31 U.S.C. § 902.

b. Judgments, Awards, and Compromise Settlements, 31 U.S.C. § 1304.

c. Payment of Claims, 41 U.S.C. § 7108.

d. NASA Policy Directive (NPD) 9010.2, Financial Management.

P.4 Applicable Documents and Forms

a. Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government, 18 U.S.C. § 205.

b. Assignments of Claims, 31 U.S.C. § 3727.

c. Obtaining Payments from the Judgment Fund and Under Private Relief Bills, 31 CFR pt. 256.

d. Setoff Against Judgment, 31 U.S.C. § 3728.

e. Contract Disputes and Appeals, 41 U.S.C. §§ 7101-7109.

f. Disputes and Appeals, 48 CFR subpt. 33.2.

g. NPR 9260.1, Liabilities.

h. NPR 9610.1, Accounts Receivable, Billing, and Collection.

P.5 Measurement/Verification

a. Quality assurance reviews and analysis of financial and budgetary reports and data submitted through the continuous monitoring program will be used to measure compliance with this NPR.

b. Amounts recorded for claims reimbursed to the Judgment Fund are confirmed quarterly by the United States Department of the Treasury (Treasury) during the intragovernmental confirmation process.

c. Claims meeting the definition of contingent liabilities are recorded and reported in the Financial Statements in accordance with NPR 9260.1.

P.6 Cancellation

NPR 9640.1, Financial Management of Contractor Claims Against NASA, January 18, 2013.

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NODIS

This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.