Page:United States Statutes at Large Volume 102 Part 5.djvu/56

 102 STAT. 4062

PUBLIC LAW 100-679—NOV. 17, 1988

the United States by reason of a change in the contractor's or subcontractor's cost accounting practices or by reason of a failure by the contractor or subcontractor to comply with applicable cost accounting standards. "(2) If the United States and a contractor or subcontractor fail to agree on a contract price adjustment, including whetiier the contractor or subcontractor has complied with the applicable cost accounting standards, the disagreement will constitute a dispute under the Contract D i l u t e s Act (41 U.S.C. 601). "(3) Any contract price adjustment undertaken pursuant to paragraph (1)^) shall be made, where applicable, on relevant contracts between the United States and the contractor that are subject to the cost accounting standards so as to protect the United States from payment, in t£e aggr^ate, of increased costs (as defined by the Board). In no case shall the Government recover costs greater than the increased cost (as defined by the Board) to the Government, in the aggr^ate, on the relevant contracts subject to the price adjustment, unless the contractor made a change in its cost accounting practices of which it was aware or should have been aware at the time of the price negotiation and which it failed to disclose to the Government. "(4) The interest rate applicable to any contract price adjustment shall be the annual rate of interest established under section 6621 of the Internal Revenue Code of 1986 (26 U.S.C. 6621) for such period. Such interest shall accrue from the time payments of the increased costs were made to the contractor or subcontractor to the time the United States receives full compensation for the price adjustment. "(i) REPOBTS TO CONGRESS.—The Board shall report to the Congress not later than one year after the date of enactment of this section, and annually thereedfter, with respect to the activities and operations of the Board under this section, together with such recommendations as it considers appropriate. (j) EFVBCT ON OTHER STANDARDS AND REGULATIONS.—<1) All cost accounting standards, waivers, exemptions, interpretations, modifications, rules, and r^ulations promulgated by the Cost Accounting Standards Board under section 719 of the Defense Production Act of 1950 (50 UJS.C. App. 2168) shall remain in effect unless and until amended, superseded, or rescinded by the Board pursuant to this section. "(2) Existing cost accounting standards referred to in paragraph (1) shall be subject to the provisions of this Act in the same manner as if promulgated by the Board under this Act. "(3) The Administrator, under the authority set forth in section 6 of this Act, shall ensure that no r^ulation or proposed regulation of an executive agency is inconsistent with a cost accounting standard promulgated or amended under this section by rescinding or denying the promulgation of any such inconsistent regulation or proposed regulation and taking such other action authorized under section 6 as may be appropriate. "(4) Costs which are the subject of cost accounting standards promulgated under this section shall not be subject to regulations that are established by another executive agency that differ from such standards with respect to the measurement assignment, and allocation of such costs. "(k) EhLAMiNATiONS.—For the purpose of determining whether a contractor or subcontractor has complied with cost accounting stondaids promulgated under this section and has followed consist-

�