Sign In
  • Question

    Is the AE able to make the payment back to the specific customer??? OR does it have to go direct to the Dept. of the Treasury?


    Answer

    If the funds are part of the appropriated funds originally placed on contract, then a de-obligation of funds is appropriate and the funds would remain with the program.  It appears your question pertains to a repayment from the A-E Contractor to the Government.  If you decide to take back a credit or refund, keep in mind under the Miscellaneous Receipts Statute, an agency may not keep money it receives from sources other than congressional appropriations but must deposit it in the U.S. Treasury.  Keeping such funds would improperly “augment” the amount of the agency’s appropriated funds.  31 U.S.C. § 3302(b) (Miscellaneous Receipts Statute) states: “Except as [otherwise provided], an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without any deduction for any charge or claim.” 
     
    We strongly suggest that you contact your local Comptroller/BFM in regards to additional guidance which may be service specific.

    Open full Question Details