42.705 Final indirect cost rates.
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(a) Final indirect cost rates shall be established on the basis of-
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(b) Within 120 days (or longer period, if approved in writing by the contracting officer,) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the contractor must submit a completion invoice or voucher reflecting the settled amounts and rates. To determine whether a period longer than 120 days is appropriate, the contracting officer should consider whether there are extenuating circumstances, such as the following:
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(1) Pending closeout of subcontracts awaiting Government audit.
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(2) Pending contractor, subcontractor, or Government claims.
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(3) Delays in the disposition of Government property.
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(4) Delays in contract reconciliation.
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(5) Any other pertinent factors.
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(c)
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(1) If the contractor fails to submit a completion invoice or voucher within the time specified in paragraph (b) of this section, the contracting officer may-
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(i) Determine the amounts due to the contractor under the contract; and
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(ii) Record this determination in a unilateral modification to the contract.
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(2) This contracting officer determination must be issued as a final decision in accordance with 33.211.
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