---
kind: "section"
citation: "18 C.F.R. § 1308.6"
title: "18"
number: "1308.6"
heading: "Fraudulent claims."
url: "https://uscodex.org/cfr/18/1308.6"
---

# §1308.6. Fraudulent claims.

- (a) If a Contractor is unable to support any part of a claim and it is determined that such inability is attributable to the Contractor's misrepresentation of fact or fraud, the Contractor shall be liable to TVA, as set out in section 5 of the Act, for:
  - (1) An amount equal to the unsupported part of the claim; plus
  - (2) **All TVA's costs attributable to reviewing that part of the claim.**
- (b) **The term “misrepresentation of fact” has the meaning given it in section 2(7) of the Act.**
- (c) Prior to TVA's filing suit for amounts due under this section, TVA shall provide the Contractor with a copy of any opinion under [§ 1308.16](/cfr/18/1308.16.md) or [§ 1308.37(b)](/cfr/18/1308.37.md?p=b), and shall request the Contractor to pay voluntarily the amount TVA asserts is due to it.
- (d) A determination by TVA that fraud or misrepresentation of the fact has been committed is not subject to decision under a disputes clause.
- (e) The provisions of this section are in addition to whatever penalties or remedies may otherwise be provided by law.

## Notes

### Authority

Authority: Tennessee Valley Authority Act of 1933, as amended, 16 U.S.C. 831-831dd; Contract Disputes Act of 1978, 92 Stat. 2383-2391.

### Source

Source: 44 FR 29648, May 22, 1979, unless otherwise noted. Redesignated at 44 FR 30682, May 29, 1979.